Craig Sumner Elliott was out on a jog in Garden Grove when he began to record a homeless man asleep on the sidewalk, blocking his way. When the homeless man became angry and threw a shoe, prosecutors allege Elliott grabbed his handgun and shot the man three times — while recording a video of the killing on his phone.
Elliott on Monday was charged with one count of felony voluntary manslaughter and a felony enhancement of using a firearm, according to the Orange County district attorney's office.
Prosecutors said Elliott had an active concealed carry permit from the Orange County Sheriff's Department for the handgun.
"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 Todd Spitzer, Orange County district attorney.
Elliott could not be reached for comment. An attorney representing him was not yet listed on his case.
The incident occurred Sept. 29 at around 3 p.m., when the 68-year-old man went out for a jog with his two dogs while pushing a jogging stroller.
Elliott was at the 10400 block of Katella Avenue in Garden Grove when he came across 40-year-old Antonio Garcia Avalos asleep on the sidewalk.
Elliott allegedly nudged Avalos with the push cart, and Avalos woke up yelling and telling Elliott to get away from him. Elliott then began recording Avalos and grabbed his handgun from the cart, according to prosecutors.
When Avalos stood up and threw a shoe at Elliott, the Garden Grove man shot Avalos three times, prosecutors say.
"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," Spitzer said.
If convicted, Elliott faces the possibility of a maximum sentence of 21 years in state prison.
This story originally appeared in Los Angeles Times.