(PatriotWise.com) — A Southern California man was charged last week with the shooting and killing of a homeless man who was blocking the sidewalk while he was out for a run, CNN reported.
According to a press release from the Orange County District Attorney’s Office, 68-year-old Craig Sumner Elliott of Garden Grove was out for a jog with his two dogs on the afternoon of September 28 when he encountered 40-year-old Antonio García Avolos, a homeless man who was sleeping in the middle of the sidewalk.
Elliott, who was jogging with a pushcart. Elliott, who filmed the encounter, nudged Avalos with the cart to try to wake him up so he could get around him. When Avalos woke up, he began yelling for Elliott to get away from him.
In the video, Avalos is seen standing up and throwing a shoe at Elliott. After dodging the shoe, Elliott is seen grabbing a handgun from his pushcart and shooting Avalos three times.
Avalos later died of his injuries.
Elliott, who has a concealed carry permit from the Orange County Sheriff’s Department, was charged with felony voluntary manslaughter with a felony enhancement for the personal use of a firearm.
A warrant was issued for Elliott’s arrest, and he was taken into custody by the Garden Grove Police Department on November 17.
Elliott was released on November 20 after posting the $100,000 bail. His arraignment is scheduled for December 15 at the Stephen K. Tamura Justice Center in Westminster.
Orange County District Attorney Todd Spitzer described the incident as “tragic” and said the case serves as a “reminder that taking the law into your own hands is never the answer.” He said there would be “consequences for your actions.”
If convicted, Elliott will face up to 21 years in state prison, according to the district attorney’s office.
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