A Garden Grove man was charged with voluntary manslaughter on Monday in the fatal shooting of a homeless man who was sleeping on a sidewalk, according to the Orange County District Attorney.
Craig Sumer Elliot, 68, is accused of shooting 40-year-old Antonio Garcia Avalos at about 3 p.m. on Sept. 28. Elliot was jogging with his two dogs while pushing a pushcart on a sidewalk in the 10400 block of Katella Avenue in Garden Grove when he encountered Avalos, who was sleeping on the ground.
Elliot nudged Avalos with his pushcart in an effort to wake him up to get around him, after which Avalos awoke and yelled at Elliot to get away from him, prosecutors said. Footage captured by Elliot showed Avalos standing up and throwing a shoe at him. Elliot ducked to avoid the shoe and shot Avalos three times, resulting in fatal injuries, prosecutors said.
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Elliot had an active concealed carry permit issued by the Orange County Sheriff’s Department at the time of the shooting, according to the district attorney's press release.
The Garden Grove Police Department arrested Elliot on a warrant on Friday. He has since been released from custody after posting $100,000 bail.
It was not immediately clear whether he has an attorney who could speak on his behalf.
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“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,” Orange County District Attorney Todd Spitzer said. “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.”
Elliot is scheduled to be arraigned on Dec. 15 at the Stephen K. Tamura Justice Center in Westminster. He will face a maximum sentence of 21 years in state prison, if convicted on all charges.
