A Garden Grove man faces a felony manslaughter charge after he shot and killed a homeless man who threw a shoe at him during an altercation in September, the Orange County District Attorney’s Office said.
Craig Sumner Elliott, 68, has been charged with voluntary manslaughter and a felony enhancement of personal use of a firearm, the OCDA said in a news release.
On Sept. 28, Elliott was jogging with his two dogs and pushing a pushcart on the sidewalk in the 10400 block of Katella Avenue when he came upon a sleeping 40-year-old Antonio Garcia Avalos.
Avalos was in the middle of the sidewalk, the OCDA said, and “Elliott is accused of using his pushcart to nudge Avalos in an attempt to wake him up to get around him.”
Instead, Avalos woke up and started yelling at Elliott to go away. In response, Elliott began video recording the encounter and pulled out a handgun, for which he had a concealed carry permit.
“Video taken by Elliott captured Avalos standing up and throwing a shoe at Elliott, who ducks to avoid the shoe and shoots Avalos three times,” the release said. “Avalos later died from his injuries.”
District Attorney Todd Spitzer said called the shooting “a tragic set of circumstances that unfolded in the worst possible way over a minor inconvenience of a blocked sidewalk.”
“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,” he added.
Elliott, who was arrested Friday, was released on $100,000 bail.
He is due to be arraigned on Dec. 15 at the Stephen K. Tamura Justice Center in Westminster.
