A man faces voluntary manslaughter charges for shooting and killing a homeless person while recording the incident.
Southern California authorities report that on Sept. 28, 68-year-old Craig Elliott, jogging with his two dogs, found 40-year-old Antonio Garcia Avalos blocking the sidewalk while sleeping.
To wake him up, Elliott nudged Avalos with a cart. In response, Avalos got up, began yelling, and threw a shoe at Elliott. That's when Elliot reportedly took out his gun and fired three shots at Avalos, who later died, according to the Orange County District Attorney'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.”
Elliott, who recorded the entire incident, has been charged with one felony enhancement for personally using a firearm. According to police, Elliott had an active concealed carry permit at the time of the incident.
Following his arrest on Nov. 17, Elliott posted a $100,000 bail. He is set to be arraigned on Dec. 15. If convicted on all charges, he could face a maximum sentence of 21 years in state prison.
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