A Backyard Grove man who recorded himself fatally taking pictures a homeless man he stated was blocking his path remained free this week after a jury deadlocked in his manslaughter trial.
Craig Sumner Elliott, 70, was charged with one rely of involuntary manslaughter for the 2023 taking pictures of Antonio Garcia Avalos.
In charging him, Orange County prosecutors stated the confrontation and taking pictures was a tragic instance of somebody attempting to take the regulation into their very own arms, however the jury couldn’t attain a unanimous verdict, deadlocking Wednesday 11-1 to convict, in accordance with Dist. Atty. spokesperson Kimberly Edds.
In keeping with prosecutors, Elliot and Avalos obtained right into a confrontation when Elliot, who was out for a jog, encountered Avalos sleeping on the sidewalk Sept. 29, 2023.
Elliott, who was additionally pushing a cart holding his two pet canine, allegedly nudged Avalos with the cart, prompting Avalos to get up and yell at Elliott to get away. Prosecutors alleged Elliott started to document the confrontation and, when Avalos threw a shoe, Elliott pulled out a gun he had within the cart and fired a number of rounds, killing Avalos.
Officers stated Elliott had a sound hid carry allow from the Orange County Sheriff’s Division.
Elliott’s legal professional didn’t instantly reply to a request for remark.
Elliott confronted a doable most sentence of 21 years in state jail if convicted however, on Wednesday, Orange County Superior Court docket Choose Kimberly Menninger declared a mistrial after the jury couldn’t attain a consensus.
In keeping with court docket filings, Elliott instructed investigators Avalos had rushed towards him, even after being shot. However prosecutors stated Elliott’s video recording of the taking pictures contradict his story.
Officers haven’t decided on whether or not to proceed pursuing costs in opposition to Elliott in a brand new trial, Edds stated.
Prosecutors and Elliot’s protection legal professional are anticipated to return to court docket Dec. 10.
