GREENBRAE, Calif. (October 24, 2012)--A homeowner who police say survived a gunshot wound to the jaw during a burglary is named in a lawsuit filed by the suspected burglar.
The burglary suspect is suing him for returning fire.
Samuel Cutrufelli filed the suit against Jay Leone, 90, claiming Leone negligently shot him.
Cutrufelli was charged with two counts of attempted murder after Leone was shot in the face on Jan. 3.
Police say Cutrufelli was wounded when Leone returned fire.
Leone vowed to countersue, saying Cutrufelli was the one who broke down his door and shot him before tying his hands with a belt and going through his valuables.
Leoni says he was able to get free and grab a handgun stashed in his bathroom.