Prosecutors in California announced charges against a jogger who allegedly recorded himself killing a homeless man who was obstructing the sidewalk.
According to Orange County, California, prosecutors, Craig Sumner Elliott, 68, saw 40-year-old Antonio Garcia Avalos sleeping in the middle of the sidewalk on September 28 while jogging with his two dogs and pushing a cart.
Elliott allegedly nudged Avalos with the pushcart in an attempt to wake him, and Avalos began yelling at Elliott to leave him alone.
Prosecutors claimed that after Elliott, who was purportedly filming their interaction, took a gun out of his cart and that when Avalos stood up and threw a shoe at the jogger, Elliott ducked and shot Avalos three times in retaliation.
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Investigators say Avalos died from his wounds.
Elliott was taken into custody on November 17th in connection with the incident, despite having a valid concealed carry permit issued by the local sheriff’s office.
“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 Orange County 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.”
Prosecutors said on Monday that in addition to felony personal firearm use enhancement charges, he faces charges of voluntary manslaughter for the fatal shooting.
Elliott was given a $100,000 bail and freed. He could spend up to 21 years in prison if he is found guilty on all counts.
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