California jogger charged with manslaughter after allegedly shooting homeless man who refused to clear sidewalk

According to CBS, on Sept. 28, 68-year-old Elliott went for a jog with his two dogs while pushing a pushcart on a sidewalk on Katella Avenue. There he found 40-year-old Antonio Garcia Avalos sleeping and allegedly used his pushcart to wake Avalos up to get around him.

According to the Orange County District Attorney, Avalos woke up and began yelling at Elliott, who recorded the incident on video. It shows Avalos standing up and throwing a shoe at Elliott. In response, Elliott pulled a gun from his push cart and shot Avalos three times, killing him.

Elliott had an active concealed carry permit when he allegedly shot and killed Avalos.

Elliott was arrested by Garden Grove Police on Nov. 17 and charged with voluntary manslaughter with one felony enhancement of personal use of a firearm.

He was released on a $100,000 bail and is expected to appear in court on Dec. 15.

If convicted, he could face a maximum of 21 years in prison.

Orange County District Attorney Todd Spitzer said in a statement, “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. 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.”