A Garden Grove man who recorded himself fatally shooting a homeless man he said was blocking his path remained free this week after a jury deadlocked in his manslaughter trial.
Craig Sumner Elliott, 70, was charged with one count of involuntary manslaughter for the 2023 shooting of Antonio Garcia Avalos.
In charging him, Orange County prosecutors said the confrontation and shooting was a tragic example of someone trying to take the law into their own hands, but the jury could not reach a unanimous verdict, deadlocking Wednesday 11-1 to convict, according to Dist. Atty. spokesperson Kimberly Edds.
According to prosecutors, Elliot and Avalos got into a confrontation when Elliot, who was out for a jog, encountered Avalos sleeping on the sidewalk Sept. 29, 2023.
Elliott, who was also pushing a cart holding his two pet dogs, allegedly nudged Avalos with the cart, prompting Avalos to wake up and yell at Elliott to get away. Prosecutors alleged Elliott began to record the confrontation and, when Avalos threw a shoe, Elliott pulled out a gun he had in the cart and fired multiple rounds, killing Avalos.
Officials said Elliott had a valid concealed carry permit from the Orange County Sheriff’s Department.
Elliott’s attorney did not immediately respond to a request for comment.
Elliott faced a possible maximum sentence of 21 years in state prison if convicted but, on Wednesday, Orange County Superior Court Judge Kimberly Menninger declared a mistrial after the jury could not reach a consensus.
According to court filings, Elliott told investigators Avalos had rushed toward him, even after being shot. But prosecutors said Elliott’s video recording of the shooting contradict his story.
Officials have not made a decision on whether to continue pursuing charges against Elliott in a new trial, Edds said.
Prosecutors and Elliot’s defense attorney are expected to return to court Dec. 10.
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