The incident happened on Sept. 28 around 3 p.m. in the 10400 block of Katella Avenue, according to officials.
The suspect, 68-year-old Craig Sumer Elliott, confronted the victim, 40-year-old Antonio Garcia Avalos, who was sleeping in the middle of the sidewalk, officials said. That's when Elliott allegedly used his pushcart to nudge Avalos and wake him up so he could move around him. But when Avalos woke up, he began yelling at Elliott to get away from him, officials said, eventually throwing his shoe at him.
Elliott, who had an active concealed carry permit issued by the Orange County Sheriff’s Department at the time of the shooting, is accused of grabbing his handgun from his pushcart and shooting Avalos three times. The incident was recorded on camera by Elliott, authorities said.
Elliott was arrested on a warrant on Friday, November 17 and charged with one felony enhancement of personal use of a firearm. He was released from custody after posting $100,000 bail.
He is scheduled to be arraigned on December 15.
"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."
If convicted, he faces a maximum sentence of 21 years in state prison.