"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. 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 contradicted his story. Officials have not made a decision on whether to continue pursuing charges against Elliott in a new trial, Edds said."
A 70-year-old Garden Grove man recorded himself fatally shooting a homeless man after a sidewalk confrontation on Sept. 29, 2023. The jogger, who was pushing a cart with two pet dogs, allegedly nudged the sleeping man, who then woke, yelled and threw a shoe; the jogger then drew a gun from the cart and fired. The shooter held a valid Orange County concealed carry permit and was charged with involuntary manslaughter. The jury deadlocked 11-1 to convict and a judge declared a mistrial. Prosecutors say a video contradicts the shooter’s account and will decide whether to retry the case on Dec. 10.
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