Man survives robbery, Why do police 'still' have his firearms over a year later?
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Thread: Man survives robbery, Why do police 'still' have his firearms over a year later?

  1. #1
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    Angry Man survives robbery, Why do police 'still' have his firearms over a year later?

    More than a year after a man tried to kill him after breaking into his home, a 91-year-old World War II veteran’s collection of firearms and other belongings are still being held by the police.

    On Jan. 3, 2012, Jay Leone, who was 90 at the time, was confronted by a ruthless home intruder at his home in Greenbrae, Calif. Police say Samuel Cutrufelli, a meth addict with an assault record, broke into the residence, put a gun to Leone’s head, tied his wrists, blindfolded him and tore his bedroom apart looking for valuables to steal.

    Leone, who is a proud gun collector and World War II veteran, testified in court that he was able to get his hands free and convinced the burglar to let him use the bathroom where he retrieved one of his five guns from the bathroom.

    The homeowner then confronted the criminal, sparking a gunfight. Leone hit Cutrufelli several times in the body, however, Leone was also shot once in the face during the gunfight.

    Both men survived and a Marin County, Calif. jury later convicted Cutrufelli, 31, of attempted murder, robbery, burglary and other crimes. Last Thursday, Judge Andrew Sweet sentenced him to 86 years to life in state prison, the Marin Independent Journal reports. Cutrufelli also tried to later sue Leone for firing back at him “negligently.”

    It is now more than a year later and the attempted murderer is behind bars, so why does Leone not have his guns, bullets, watches and jewelry back?

    Apparently, Cutrufelli has 60 days to file an appeal in the case and an appeal itself could drag on for years and police have to hold onto the evidence until then. At best, Leone may have his things back in two months — but it could also be years.

    “Those guns are worth a fortune,” said Leone, 91. “That’s stealing from me.”

    Deputy District Attorney Dorothy Chou Proudfoot, the trial’s prosecutor, said she is trying to get Leone his property back.

    “On felony cases, I generally wait until the 60-day notice of appeal period expires, and if no appeal has been filed in that time, I will bring a motion to return all the evidence that was seized pursuant to search warrant, and notify the law enforcement agency that I am no longer requesting that they retain evidence seized by other means,” Proudfoot said.

    “If an appeal is filed, then I’ll have to decide what to do,” she added.

    “Public Defender Jose Varela, whose staff represented Cutrufelli for the sentencing after he dismissed his trial lawyer, said the public defender’s office is obligated to protect the evidence,” the Independent Journal adds.

    “We have a duty to appellate counsel to ensure that any evidence important to Mr. Cutrufelli’s appeal be kept in the court’s custody for further review,” Varela explained. “Our only concern with regards to the retention of the evidence is to ensure a fair appeal.”


    91-Year-Old Man Survives Being Shot in the Face by Robber ? So Why Do Police Still Have HIS Guns More Than a Year Later? | Video | TheBlaze.com
    Fascist's are Magicians...They can make our Property, our Freedom's & even our Children 'Disappear'.
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  3. #2

    Angry Seriously?

    The moral of the story is "shoot to kill"...dead men don't tell tales..Then the criminal wouldn't be able to try and sue you, and you wouldn't have to worry about any appeal. I like that we have a judicial system, but seriously, you break into my home and assault me and point a gun at me, and then expect to have not been shot? If I was the judge, I would throw the case out of my court. "... tried to later sue Leone for firing back at him “negligently.”" Yea, Leone was negligent in that he didn't fatally wound this scumbag.

  4. #3
    Amazing! But the police will not be a part of taking our guns???????????

  5. #4
    I don't know what I'm missing, but I see no reason why they would hold his personal belongings any longer than the 60 day period. I don't even see why they would confiscate his jewelry. He could easily bring the items involved to court during the trial, but I guess that violates the chain of custody, and could make for another argument.

  6. #5
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    You heard it. Leone said his collection is worth a fortune.
    They are all hoping he passes so they can "divy up" the guns!

  7. #6
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    And just what do any of the guns other than the one he shot the criminal have to do with the case? That gun is the only one involved other than the perp's gun and the cops get to keep that one.
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  8. #7
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    It's Kalifornia. If the police there get their hands on someone's firearms for any reason, kiss them goodby.

  9. #8
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    If I stand in front of a jury I want to be the only person telling my story!
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  10. #9
    This made me wonder. If I shoot an intruder in my home with one weapon but all my other weapons are locked up in the safe can the police take all of them into evidence? Could I just refuse to open the safe? What if I don't actually shoot but just have an altercation in my home where I have my weapon out. And they take your ammo too? I would hate to lose everything for such a long time.

  11. #10
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    Quote Originally Posted by kathys View Post
    This made me wonder. If I shoot an intruder in my home with one weapon but all my other weapons are locked up in the safe can the police take all of them into evidence? Could I just refuse to open the safe? What if I don't actually shoot but just have an altercation in my home where I have my weapon out. And they take your ammo too? I would hate to lose everything for such a long time.
    In any other state, no they wouldn't take them all. Only the gun used in the shooting of the criminal has any bearing on the case. Question is why was there a search warrant executed on the 91 year old vet? Oh, that's right. It's CA.
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