SAN RAFAEL (CBS SF) — A Petaluma man was sentenced to 86 years and four months in prison Thursday for the attempted murder shooting of a 90-year-old man in his Greenbrae home last year.

A Marin County Superior Court jury convicted Samuel Cutrufelli, 31, a former Novato resident, of burglary, robbery and attempted murder of Jay Leone at Leone’s home on Jan. 4, 2012.

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 after the incident.

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.

At Cutrufelli’s trial, his attorney Sanford Troy said Cutrufelli was a methamphetamine user and there was evidence 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.

Cutrufelli fired Troy and retained Deputy Public Defender Kathleen Boyle after his conviction. Judge Andrew Sweet dismissed Boyle’s motion for a new trial before sentencing Cutrufelli Thursday.

Deputy District Attorney Dorothy Chou Proudfoot said Cutrufelli will serve 85 percent of a 36 years and 4 months sentence before serving a consecutive 50 years-to-life term.

(Copyright 2013 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 This material may not be published, broadcast, rewritten or redistributed.)


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