A man jogging with his dogs in a California neighborhood fatally shot a homeless man sleeping on a sidewalk in a confrontation the suspect filmed on video, prosecutors said.
Craig Sumner Elliott, 68, has been charged with voluntary manslaughter with an enhancement of personal use of a firearm in the death of Antonio Garcia Avalos, 40, charges that carry up to 21 years in state prison, the Orange County District Attorney said in a news release.
Craig Sumner Elliott has been charged in the death of Antonio Garcia Avalos. (Screenshot from KTLA/YouTube)
“This is a tragic set of circumstances that unfolded in the worst possible way over a minor inconvenience of a blocked sidewalk, and a man is dead as a result,” said District Attorney Todd Spitzer. “This case is a stark reminder that taking the law into your own hands is never the answer and that there are consequences for your actions.”
The killing happened on Sept. 28. Elliott was jogging while pushing what authorities described as a pushcart on a sidewalk in Garden Grove when he encountered Avalos. Elliott used the cart to nudge Avalos to wake him up to get around him, prosecutors said.
Avalos woke up and began yelling at Elliott to get away from him, authorities said.
Avalos stood up and threw a shoe at Elliott, who ducked before shooting Avalos three times, authorities said, citing what can be seen in the video Elliott recorded of the confrontation.
A witness told local affiliate KTLA he heard the gunshots and saw the victim on the ground, blood coming out of his chest and mouth.
The witness described the shooter, his lifelong neighbor, as nice. The witness told KTLA what Elliott allegedly told him after the shooting.
“The only words he said was, ‘He tried to attack me, so I shot him,”” he said, the station reported. “Those are the only words that he uttered.”
Elliott was arrested on Friday and released from custody after posting $100,000 bail. He is set to be arraigned on Dec 15.
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