90-year-old man, suspect injured in shootout during burglary attempt

A Marin County burglar picked the wrong house to target late Wednesday morning when he ended up in a gun battle with a 90-year-old World War II-veteran that left both men hospitalized.

At around 10:45 a.m., police said the intruder -- 30-year-old Samuel Cutrufelli -- may have been trying to commit a burglary that turned into a shootout with elderly but well-armed property owner Jay Leone at the house on Via La Cumbre.

"He was home alone when his door was kicked open," Twin Cities Police Sgt. Mike Norton told KTVU. "The suspect entered and basically took him captive. The victim was able at one point to arm himself with a firearm and shoot the suspect three times. The suspect had his own fire arm. He was able to shoot the victim one time."

Police said Leone shots hit the intruder in the torso, arm and leg.

Friend and neighbor Scott Chalstrom told KTVU Leone is a former sheriff's deputy and physically fit.

"I'm shocked," said Chalstrom. "This is not the type of area you have this type of stuff going on in."

Police said the suspect fled, but called police himself less than a mile away, claiming to have shot himself accidentally.

KTVU spoke with a woman who was just steps away when the shooting started. Sara Navon rents a downstairs room in the house where the shooting took place.

She said she was not surprised that her landlord -- a former military man who also worked in law enforcement -- fought off the suspected intruder with deadly force.

Navon didn't know it at first, but her 90-year-old landlord was in a fight for his life just one floor above her in the Greenbrae home where they both live.

"I shouted for him 'Jay! Jay!'" said Navon. She also called 911.

Leone had been shot in the face, but Navon said his act of bravery made good on a promise he made to her years ago.

"He always told me," remembered Navon. "Sometimes I would be scared. He said 'Don't worry. I'm above and I have a weapon. I was the best sniper.  I'm good.' And I said 'Ok!'"

Police said both men are in stable condition at Marin General Hospital.

On Wednesday night, Navon was staying with friends. She spoke with KTVU by phone after she visited Leone in the hospital. She said the bullet went through his cheek, but surprisingly did not break any bones.

"It was very difficult for him to talk," said Navon. "He was in good spirits."

Sgt. Norton told KTVU he was very impressed with Leone, saying that the 90-year-old was able to tell police what happened while he was in the ambulance. 

The suspect Cutrufelli will be charged with burglary and attempted murder.