Posted on 03/12/2016 2:34:07 PM PST by skyman
FOSTER CITY (KPIX 5) – A Bay Area man said he is struggling to pay his legal fees after a home intruder he shot filed a lawsuit against him.
Joe Balistreri could hardly believe an intruder sued him for negligent use of a handgun. “That is my biggest issue, our judicial system allows these people to have the right to try to sue,” he told KPIX 5.
Balistreri said he was merely protecting his family. “I had no choice given the circumstances,” he said.
On March 24, 2012, his family was spending the night at his parents’ home in Foster City. At 4:15 a.m., a noise woke him up.
“I heard the noise coming from the front door. I heard clicking, rattling of the door handle,” he recalled. “I woke up my father, told him someone’s trying to break into your house, where’s your gun?”
Balistreri said the intruder did not stop at the front door. He jumped the fence, made his way around the back of the house, through a side door and into the garage, left unlocked.
“This guy is now in my house,” he recalled.
In the dark home, Balistreri came face-to-face with the 6’4” intruder and fired three shots.
But here’s the catch, the plaintiff said he was intoxicated and thought he was walking into his friend’s house.
“There was no knocking, there was no announcement, there was no nothing,” Balistreri said.
Months after the incident, there was a civil suit.
In the end, the judge sided with Balistreri. With mounting legal fees, he launched a GoFundMe account in hopes of once and for all paying off his debt and putting that horrific night behind him.
“This guy put a huge burden on my shoulders,” Balistreri said.
Prosecutors didn’t file charges in the case. Since the shooting happened at Balistreri’s parents’ house, their homeowner’s insurance covered only their legal fees, not his.
I would sue the homeowners insurance. protecting your house is exclusive to the owner of the house?
that’s ridiculous - your guests in your house have as much right to self defense.
The workaround is this: Shooter sues his parents (it's all discussed and agreed in advance) and parents file a claim with their own insurance for defense and indemnity. It's done like this in various contexts, though it sucks that it would be necessary.
The GoFundMe idea is good too. Now if the burglar can just somehow "disappear."
I pray nobody ever breaks into our house and that is just one reason.
Everyone in the family is armed with something and if we’re on our game whoever comes in will get hurt at least.
I don’t want people breaking in for all the obvious reasons but really don’t want the hassle of lawsuits amd media circuses.
Don’t even dial “9” until he’s bled out.
Dead burglars can’t sue. Just sayin.....
I agree. He fired three shots. The first two shots should have been a “double tap” to the intruder’s center of mass with the 3rd shot being a head shot.
“..Don’t do that,the cops will think it’s excessive.Just do a double-tap,but make it a good one....”
My plea would be I was in fear of my life and that of my family. 8 rounds of 230gr .45 is not excessive, IMHO.
Amen, brother.
Another moral hazard attaching to living in California. Utah, Alaska, Texas, Arkansas -- no problem.
Most people wouldn’t want to kill someone. Even a waste of skin such as this.
In post 16 above this lawyer—recommended by Massad Ayoob—who defends shooting defendants has a good idea I’ll share.
The lawyer carries a 1911, and it is purple. Yes, Purple.
He says if a crank accuses him of `brandishing’ (pulling out a pistol, waving it about) all he has to to is ask the police officer if the complainant described the pistol.
If s/he hasn’t really seen it, s/he’s going to take a chance and say silver or black. Lying liberal, right?
I think I’m going to put some red tape on the muzzle of my carry piece, or get colored grips.
Which is why it is inherently wrong to let folks assert in such cases civil liability without successful criminal prosecution.
I’d be inclined to kneecap the $85,000 lawyer too.
And what can Trump do about it?
It wasn't his house so he wasn't the policy holder. Had his father shot the guy then the homeowners policy would be paying for the legal expenses.
Shot to stop the threat, and if he is moving that means he is still a threat.
When in doubt give ‘em a “double tap”. Just to be sure.
If I can’t use a defense of “ I was drunk, didn’t mean to shoot him, run him over with my car, grab that girl’s @ss, take a poke at that cop..., he should not be able to use it to justify breaking & entering.
Well, you can work for free if you want to; most lawyers need money to pay overhead, put food on the table, gas in the car....
In fact, with your views, you probably should go work for free for the Sanders presidential campaign. He’s going to give lots of free stuff if he gets elected. Maybe you could convince him to add free legal services, as well.
A good defense attorney may run you $500 an hour retail in San Francisco. That’s going to work out to be a about a month’s worth of billings, probably spread out over a year or two.
Of course, there are a lot of lawyers who went to unaccredited schools out there, so you can go cheaper, but the risk is going to go up.
You can get a lot more good lawyering for your money in Atlanta, or Dallas, or Houston or Memphis. Just stay away from the international megafirms. San Francisco or LA (or New York)? Bring a fat wallet.
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