Jogger charged for killing homeless man who was sleeping on a sidewalk

Orange County prosecutors charged a Garden Grove jogger with manslaughter on Monday for shooting a homeless man who fell asleep on a sidewalk.

"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.   

The fatal incident unfolded nearly two months ago on Sept. 28 when 68-year-old Craig Sumer Elliott went out for a jog with his two dogs while pushing a pushcart on a sidewalk in the 10400 block of Katella Avenue, where he encountered the victim, 40-year-old Antonio Garcia Avalos. 

Elliott allegedly used his pushcart to nudge Avalos to wake him up and get around him, according to the Orange County District Attorney. When he woke up, Avalos began yelling at Elliott to get away from him. 

The 68-year-old recorded the confrontation. His video shows Avalos standing up and throwing a shoe at Elliott. In retaliation, Elliott pulled a gun from his push cart and shot Avalos three times, killing him. 

Elliott had an active concealed carry with the Orange County Sheriff's Department when he allegedly shot and killed Avalos.

The Garden Grove Police Department arrested Elliott on Nov. 17. Prosecutors charged him with voluntary manslaughter with one felony enhancement of personal use of a firearm. He has since been released on a $100,000 bail.

Elliott is expected to appear in court on Dec. 15.

If convicted on all charges, he will face a maximum of 21 years in prison.