A former Marin County (CA) sheriff's deputy who survived being shot in the jaw during a burglary attempt is being sued by the suspect for returning fire.

Alleged burglar Samuel Cutrufelli filed suit against 90-year-old Jay Leone claiming Leone negligently shot him. According to news reports, Cutrufelli held Leone captive in his house while he ransacked the place looking for valuables. When Leone convinced Cutrufelli to allow him to use the bathroom, Leone returned with his gun, which was hidden in the bathroom. Cutrufelli fired first, hitting Leone in the jaw and prompting Leone to return fire.

“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!’”

Cutrufelli, who is charged with burglary and two counts of attempted murder, rushed Leone and tried to shoot him with his own weapon, but the chambers were empty. Cutrufelli fled the scene and was later arrested.

In his lawsuit against Leone, Cutrufelli is seeking compensation for great bodily injury, and other financial damage, including loss of home and dissolution of marriage. Leone, who responded to reports of the lawsuit from his Marin General Hospital bed, vows to countersue.

—Source: NY Daily News and Huffington Post