GUILTY CA - Samuel Cutrufelli for shooting homeowner during burglary, Greenbrae, 2012

Discussion in 'Recently Sentenced and Beyond' started by Darkman00, Aug 25, 2013.

  1. Darkman00

    Darkman00 New Member

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    Crime

    91-Year-Old Man Survives Being Shot in the Face by Robber — So Why Do Police Still Have HIS Guns More Than a Year Later?

    Apr. 25, 2013 11:52pm | Jason Howerton

    Read more:

    http://www.theblaze.com/stories/201...e-still-have-his-guns-more-than-a-year-later/

    http://www.mercurynews.com/crime-courts/ci_23106079/91-year-old-marin-man-who-survived-gunfight
     
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  3. Sonya610

    Sonya610 Former Member

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    Why in the heck did they seize all of his weapons and jewerly etc....to begin with? Only ONE of his firearms was used during the encounter, the rest presumably never left his home as the attacker was shot in the home.

    If they never left his home and were not used during the encounter how are they evidence in this case?

    Does this mean if a homeowner undergoes an attempted burglary the police will show up, go through the victim's home and seize ALL of their valuables?

    Am I misunderstanding what happened? Did the criminal actually manage to steal all of that stuff and remove it from the home?
     
  4. LambChop

    LambChop Former Member

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    LE takes whatever valuable the intruder had in his possession for court. Everything will be returned to him or his estate. jmo
     
  5. Sonya610

    Sonya610 Former Member

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    That just does not seem right. If the **** appeals (and he probably will) then they will continue to hold all of the man's stuff for years and he may never see it again!

    It is HIS property! He obviously cherishes those possessions and if he needed money he should have the right to sell them. Seems to me the man is being victimized twice. Plus with the constantly changing CA gun laws it is quite possible he could NOT legally replace any of the weapons that were taken from him because they can't be purchased in CA any longer.
     
  6. Cappuccino

    Cappuccino Well-Known Member

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    If the case is under appeal, LE needs to hold on to the physical evidence. Unless of course you want the conviction to fall apart and the prisoner freed.
     
  7. LambChop

    LambChop Former Member

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    He has 30 days to appeal. After that I believe they would return the items if the victim asks for them and I'm guessing he already has. Had they not caught this person his possessions would have been gone forever. This gentleman still has them they are just in the custody of the State. jmo
     
  8. Sonya610

    Sonya610 Former Member

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    The way I see it the guy as convicted of attempted murder. Seems they should have enough evidence (especially if they collected the criminal from inside the man's home) to keep the attempted murder conviction and the theft of items would be secondary.

    I did not get the impression the POLICE stopped the robbery. The man shot the burglar several times and he prevented his items from being stolen himself. I guess if he had simply killed the criminal then they wouldn't have confiscated all of his things forever. Food for thought.
     
  9. LambChop

    LambChop Former Member

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    If the burglar had the items in his possession whether he left the residence or not they are evidence. If the man had everything hidden they would not be considered evidence and LE would have no reason to take them. jmo
     

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