An Orange County 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, of Garden Grove 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 were a tragic example of someone trying to take the law into their own hands, yet the jury could not reach a unanimous verdict, deadlocking Wednesday 11-1 to convict, according Kimberly Edds, spokesperson for the district attorney’s office.
The jury deliberated for 3½ hours before reporting they were deadlocked, Edds said.
According to prosecutors, Elliott and Avalos got into a confrontation on Sept. 29, 2023, when Elliott, who was out for a jog, encountered Avalos sleeping on the sidewalk.
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.
“We were very disappointed because we believe Mr. Elliott was innocent and had acted in self defense when being physically attacked by a younger assailant who appeared to be under the influence and acting erratically,” said Calvin C. Schneider, Elliott’s attorney, in an email.
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 contradicted his story.
Officials have not made a decision on whether to continue pursuing charges against Elliott in a new trial, Edds said.
Prosecutors and Elliott’s defense attorney are expected to return to court Dec. 10.
