California jogger Craig Sumner Elliott, 68, is charged with manslaughter after ‘filming himself killing homeless man sleeping on sidewalk near Disneyland’: Police say victim threw a shoe at suspect before being shot three times

• Craig Sumner Elliott, 68, shot Antonio Garcia Avalos, 40, on September 28, police said
• The men allegedly got into an argument after Elliott woke up a sleeping Avalos who was blocking the sidewalk in the city of Garden Grove, Orange County
• Elliott fired three shots at Avalos and captured the entire altercation on video, according to prosecutors

A California jogger filmed himself fatally shooting a homeless man who was blocking his way on the sidewalk, police said.

Craig Sumner Elliott, 68, killed Antonio Garcia Avalos, 40, after the two got into an altercation when Elliott woke up the sleeping man, according to authorities.

Elliott was out jogging with his two dogs on September 28 in Garden Grove, northern Orange County – just four miles from Disneyland – when he encountered Avalos in his path and allegedly nudged him out of the way using a push cart.

This enraged Avalos, who threw a shoe at the jogger – who ducked to avoid it before pulling out a gun and firing three shots at him, police said. 

The entire bust-up was caught on camera by Elliott, a statement from the cops confirmed.

California jogger Craig Sumner Elliott, 68, shot Antonio Garcia Avalos, 40, in Garden Grove after getting into an altercation because a sleeping Avalos was blocking his path, police said

Avalos threw a shoe at Elliott, who then pulled out a gun and shot the  homeless man three times, according to cops

Elliott has been charged with felony voluntary manslaughter and one felony enhancement of personal use of a firearm

‘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.’ 

Elliot was jogging in Garden Grove at around 3pm when the incident occurred.

He was pushing a pushcart when he encountered Avalos asleep in the middle of the sidewalk on the 10400 block of Katella Avenue.

Elliott is accused of using his pushcart to nudge Avalos in an attempt to wake him up to get around him. 

When Avalos woke up, he began yelling at Elliot to get away from him, police allege. Elliott is accused of recording Avalos and grabbing a handgun from his pushcart. 

Orange County District Attorney Todd Spitzer branded the situation a, ‘a tragic set of circumstances that unfolded in the worst possible way over a minor inconvenience’

A neighbor told KCAL news he spoke with Elliott immediately after the shooting.

‘”He tried to attack me, so I shot him” – those were his exact words,’ he said.

But the police report has disputed this version of events. 

Elliott has been charged with felony voluntary manslaughter and one felony enhancement of personal use of a firearm. 

The criminal complaint states he killed Avalos following, ‘a sudden quarrel and heat of passion’. 

Elliott had an active concealed carry permit issued by the Orange County Sheriff’s Department at the time of the shooting. 

He faces a maximum sentence of 21 years in state prison if convicted on all charges.

Elliott was arrested on a warrant on November 17 by the Garden Grove Police Department. 

He was released from custody after posting $100,000 bail. He is scheduled to be arraigned on December 15 at the Stephen K. Tamura Justice Center in Westminster in Department W12. 

Senior Deputy District Attorney Nick Thomo of the Homicide Unit is prosecuting the case. 

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