Friday, April 26, 2013

CA:91-year-old Marin man who survived gunfight irked his weapons have not been returned

Now that the man who tried to kill him is off to prison, Greenbrae resident Jay Leone wants his guns and valuables back. But it could take anywhere from a couple of months to several years. Leone's gun collection, bullets, watches and jewelry are being kept in evidence while the convicted attacker, Samuel Cutrufelli, contemplates an appeal. Cutrufelli, who received a life sentence last week, has 60 days to file a notice of appeal, and the appeal itself could take years.

Leone, 91, was unpleasantly surprised to learn that his belongings would not be returned to him immediately.

"Those guns are worth a fortune," said Leone, 91. "That's stealing from me."

The crime occurred Jan. 3, 2012, at Leone's home on Via La Cumbre. Authorities said Cutrufelli, a methamphetamine user with an assault record, broke into Leone's home, put a gun to his head, tied his wrists, blindfolded him, and rummaged through his bedroom for valuables.

Leone, a gun collector and World War II veteran, testified that he wriggled his hands free, convinced the burglar to let him use the bathroom, and retrieved one of his five guns from the bathroom.

In the ensuing gunfight, Leone was shot once in the face and Cutrufelli was shot several times in the body.

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