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Jury Convicts Burglar Who Shot 90-Year-Old Marin Co. Man

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Jay Leone

Jay Leone speaks from his hospital bed after he was shot in the face during a home invasion robbery on January 3, 2012. (CBS)

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MARIN COUNTY (CBS SF) — A Marin County Superior Court jury convicted a Petaluma man Wednesday of attempted murder in the shooting of a 90-year-old man in his Greenbrae home in January.

Samuel Cutrufelli, 31, a former Novato resident, was convicted of all charges that include burglary, robbery and attempted murder of Jay Leone at Leone’s home on Jan. 4, Deputy District Attorney Dorothy Chou Proudfoot said.

Leone was shot in the face and Cutrufelli was shot in the back during the exchange of gunfire at 10:45 a.m. at Leone’s home in the 300 block of Via La Cumbre.

Twin Cities police said Cutrufelli broke into the home, detained Leone and searched the house for valuables. Leone armed himself and shot Cutrufelli as he fled the residence, police said.

Cutrufelli then called San Rafael police to report he shot himself and needed medical attention, Twin Cities police Sgt. Michael Norton said in January.

The robbery and burglary came to light when Leone called police a few minutes later to report he was shot in the head, police said.

Cutrufelli’s attorney Sanford Troy said Cutrufelli was a methamphetamine user and there was evidence at the trial he was getting drugs from a woman who lived downstairs, Troy said.

Troy suggested Leone was jealous about young men visiting the woman downstairs.

The prosecution argued Leone was defending himself from an intruder in his home.

Troy filed a civil suit in Marin County against Leone, accusing him of negligence and causing great bodily harm to his client. The suit seeks monetary damages because Cutrufelli lost his home, his job and is getting divorced, Troy said.

The jury at Cutrufelli’s trial began deliberations Tuesday.

(Copyright 2012 by CBS San Francisco and Bay City News Service. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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