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Craig Sumer Elliot is charged with voluntary manslaughter with the personal use of a gun. He was arrested Friday on a warrant and posted $100,000 bail and was released Monday, according to court records.
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Elliott could face up to 21 years in prison if convicted at trial.
Elliott is accused of fatally shooting 40-year-old Antonio Garcia Avalos Sept. 28.
The defendant was operating a pushcart on a sidewalk in the 10400 block of Katella Avenue about 3 p.m. in Garden Grove when he came across Avalos, who was sleeping there, according to prosecutors. Elliott roused the homeless man with the pushcart, angering Avalos, who hollered at the defendant to get away from him, prosecutors said.
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Elliott, who had a concealed carry permit and recorded the conflict with Avalos, shot the homeless man after the alleged victim hurled a shoe at Elliott, prosecutors said.
Elliott is scheduled to be arraigned Dec. 15 in the West Justice Center in Westminster.