Armed Burglar Sues Homeowner For Shooting - Page 2

Armed Burglar Sues Homeowner For Shooting

This is a discussion on Armed Burglar Sues Homeowner For Shooting within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; This is near frisco so it could be bad news for the homeowner. Those judges are as left as it gets up there....

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Thread: Armed Burglar Sues Homeowner For Shooting

  1. #16
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    This is near frisco so it could be bad news for the homeowner. Those judges are as left as it gets up there.
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  2. #17
    Member Array blanco64's Avatar
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    I grew up in California (and am so glad I moved away 20+ years ago). Supposedly a burglar was injured tripping over one of his victim's coffee tables in the dark and was injured and successfully sued.

  3. #18
    Distinguished Member Array lchamp's Avatar
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    Quote Originally Posted by jblives2ride View Post
    don't shoot me, after he pulled the trigger with his gun at the homeowners face, what kind of crooks and court systems do we have to allow this case, is their no honor among thieves he should have thought about his consequences before he tried to pull an armed robbery.. Hope Leone heals quickly..
    Isn't that a little redundant in California?

  4. #19
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    Surely it will get thrown out. I'm pretty left-wing and I agree it's utterly ridiculous. Believing that innocent homeowners should get shot in their own home and not be allowed to fight back is not part of the liberal agenda, last I checked. Anyone can file a lawsuit, but that doesn't mean it will get very far. Hopefully it will get thrown out and the homeowner reimbursed for his lawyer fees. :(
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  5. #20
    Distinguished Member Array lchamp's Avatar
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    Quote Originally Posted by LaraCroft10 View Post
    Surely it will get thrown out. I'm pretty left-wing and I agree it's utterly ridiculous. Believing that innocent homeowners should get shot in their own home and not be allowed to fight back is not part of the liberal agenda, last I checked. Anyone can file a lawsuit, but that doesn't mean it will get very far. Hopefully it will get thrown out and the homeowner reimbursed for his lawyer fees. :(
    Lawyers file lawsuits. It's too bad the legal profession can't police their own. If a lawyer were ostracized for filing frivolous lawsuits, there would be fewer frivilous lawsuits. It's cheaper to settle...the lawyer gets paid...next?
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  6. #21
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    disgusting...

    although Mr. Leone looks pretty dang good for 90!

  7. #22
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    This is why he sued:

    But Leone, a former Marin County Sheriff’s deputy, paused before returning fire. The gunman begged for his life, but Leone emptied his weapon anyway.

    “After he shot me, I looked him straight in the eye,” said Leone. “He says, ‘Don’t kill me. Don’t kill me… I’ve got a daughter!’ I said, ‘f- you … pow, pow, pow, pow!’”


    I do not have any sympathy for the burglar, and I understand the passion of the moment, but this stopped being a self defense situation to one of anger and revenge. He could have held him at gunpoint and called the police.

    This is going to be messy. His homeowners policy will not respond, so unless he has assets, the case really does not have any monetary value for the plaintiff. You cannot get blood froma stone, so to speak.
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    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

    Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.

  8. #23
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    Come on earthquake!
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  9. #24
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    Quote Originally Posted by kapnketel View Post
    This is why he sued:

    But Leone, a former Marin County Sheriff’s deputy, paused before returning fire. The gunman begged for his life, but Leone emptied his weapon anyway.

    “After he shot me, I looked him straight in the eye,” said Leone. “He says, ‘Don’t kill me. Don’t kill me… I’ve got a daughter!’ I said, ‘f- you … pow, pow, pow, pow!’”


    I do not have any sympathy for the burglar, and I understand the passion of the moment, but this stopped being a self defense situation to one of anger and revenge. He could have held him at gunpoint and called the police.

    This is going to be messy. His homeowners policy will not respond, so unless he has assets, the case really does not have any monetary value for the plaintiff. You cannot get blood froma stone, so to speak.
    Just because the burglar begged for his life doesn't mean the threat was already stopped. He already shot the homeowner once and I didn't see where he was disarmed.

  10. #25
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    Actually anybody can file they lawsuits. I work in a prison and saw an inmate save up money for a year just to pay the filing fee on a lawsuit that was hand written. Trust me anybody can file.

  11. #26
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    Quote Originally Posted by lchamp View Post
    Lawyers file lawsuits. It's too bad the legal profession can't police their own. If a lawyer were ostracized for filing frivolous lawsuits, there would be fewer frivilous lawsuits. It's cheaper to settle...the lawyer gets paid...next?
    They do, actually. Frivolous litigation is punishable by fines under Federal law. Fines, disbarment and censorship are not unheard of. In addition, you can always bring a civil legal malpractice suit against an attorney which can result in monetary winnings and punishment from the state's bar. However, and this is a BIG however, it's highly subjective.
    Unfortunately, I don't see this falling into that category for one reason-- he was quoted and it sounded like a revenge shooting. Also, if I were the prosecuting attorney, I'd point out that this gentleman was retired LEO and should have held himself to a higher standard.
    I remember hearing about a case some years ago where two LEO's got into an altercation with a driver who was doing something stupid in a no-stupid zone. A wrestling match broke out and the driver was able to get one of the officer's pistols out of his holster. He fired point blank and killed the officer and emptied the cylinder. His partner was able to pull his pistol, but the offender somehow was close enough to put his hand on the pistol to block the officer's firing. The officer was finally able to get the scumbag's hand off his pistol, but held off shooting at that point. 10 seconds earlier he would have been fully justified, but at that point, it would have been revenge. This officer showed the most restraint of any human I could imagine. But, he did the right thing. Sorry, not right, but legal thing.

  12. #27
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    We are taught, in Iowa, that you can be legally right, morally right, and civilly liable... There are a couple of "outs" in the law for those defending themselves... but they can't really be counted on to resolve the issue, if you are sued for a legal action against a perpetrator.
    Rats!
    It could be worse!
    I suppose

  13. #28
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    Quote Originally Posted by lchamp View Post
    Lawyers file lawsuits. It's too bad the legal profession can't police their own. If a lawyer were ostracized for filing frivolous lawsuits, there would be fewer frivilous lawsuits. It's cheaper to settle...the lawyer gets paid...next?
    THIS!!!! These lawyers know darn well that the lawsuit is bogus. They also know that it is cheaper to settle than to fight it, so they will basically get a nice little pay day for filing some paperwork. Sure there are consequences for filing bogus lawsuits, but those consequences obviously are not severe or common enough to deter the bogus suits.

  14. #29
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    Quote Originally Posted by kapnketel View Post
    This is why he sued:

    But Leone, a former Marin County Sheriff’s deputy, paused before returning fire. The gunman begged for his life, but Leone emptied his weapon anyway.

    “After he shot me, I looked him straight in the eye,” said Leone. “He says, ‘Don’t kill me. Don’t kill me… I’ve got a daughter!’ I said, ‘f- you … pow, pow, pow, pow!’”


    I do not have any sympathy for the burglar, and I understand the passion of the moment, but this stopped being a self defense situation to one of anger and revenge. He could have held him at gunpoint and called the police.

    This is going to be messy. His homeowners policy will not respond, so unless he has assets, the case really does not have any monetary value for the plaintiff. You cannot get blood froma stone, so to speak.
    Perhaps having a surviving witness wasn't in his best interest.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  15. #30
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    "Perhaps having a surviving witness wasn't in his best interest"

    That's what I was gonna say!!

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