Second Shooter

Published November 9, 2012

An alleged burglar who broke into the home of a 90-year-old California man and shot him in the head is now suing the homeowner because he shot back at the burglar.

The burglar is now serving a six-year prison term for assault with a deadly weapon in an unrelated 2001 incident. He may be charged with attempted murder for this latest shooting incident.

In the lawsuit, the burglar says he suffered “great bodily injury” as a result of the “negligent” shooting. He also claims financial damage, the loss of his home, and the dissolution of his marriage.

The burglar kicked in the door of the house, held the owner captive, and searched for valuables. The owner was allowed to use the bathroom, where he had hidden a .357 revolver, which he used to shoot the burglar.

The homeowner called the suit “ridiculous.”

“He’s the one who busted my door in. I’ll just countersue him then,” he said.

Source: Michael Walsh, “California man shot in face by alleged burglar sued for shooting back,” New York Daily News, October 25, 2012 h/t faces of lawsuit abuse, a project of the U.S. Chamber’s Institute for Legal Reform