By Ashley R. Williams, CNN
(CNN) — A Southern California man accused of shooting and killing a homeless man he woke up for blocking a sidewalk captured the shooting on video, according to the Orange County district attorney.
Craig Sumner Elliott, 68, was jogging the afternoon of September 28 with his two dogs in Garden Grove, California, when he encountered Antonio García Avalos, 40, who was asleep in the middle of a sidewalk, a news release from the district attorney’s office said.
Elliott, who had a pushcart with him, used the cart to nudge Avalos in an attempt to wake him up to get around him, according to the release. The sleeping man awoke and began yelling at Elliot to get away from him, the release said.
Elliott, who was charged with felony voluntary manslaughter and felony enhancement of personal use of a firearm, is accused of grabbing a handgun from his pushcart, according to the release.
CNN was not able to locate attorney contact information for Elliot.
The district attorney’s office said Elliott had an active concealed carry permit from the Orange County Sheriff’s Department when the shooting happened.
Authorities said in the release that a video taken by Elliot shows Avalos standing up and throwing a shoe at Elliot, who then ducks to avoid the shoe.
Seconds later, according to the release, the video shows Elliot shooting Avalos three times. Avalos later died from his injuries, according to the release.
The Garden Grove Police Department arrested Elliot on a warrant on November 17, and he was released after posting a $100,000 bail on November 20. Elliot is scheduled to be arraigned on December 15.
He faces a maximum sentence of 21 years in state prison, according to the district attorney.
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