A California jogger filmed himself fatally shooting a homeless man, prosecutors allege

• A jogger in California is accused of shooting a homeless man three times and killing him.
• Prosecutors allege the 68-year-old filmed the incident.

Prosecutors allege a jogger in California filmed himself fatally shooting a homeless man.

Craig Sumner Elliott, 68, was jogging with his two dogs and a pushcart when he came across Antonio Garcia Avalos, 40, asleep in the middle of the sidewalk, Orange County prosecutors said.

Elliot attempted to rouse Avalos by nudging him with the pushcart, and when Avalos woke up, he started yelling at him to get away.

It is alleged Elliot began filming the interaction and pulled out a handgun.

The video shows Avalos throwing a shoe at Elliott, who ducks to avoid it and then appears to shoot the homeless man three times, say prosecutors.

Avalos later died of his injuries.

Witness Sebastian Bona told KCAL News that he heard Elliot saying: "He tried to attack me, and I shot him."

Elliott had an active concealed carry permit at the time of the shooting, prosecutors said.

He was arrested and charged with voluntary manslaughter and has been released on bail, awaiting arraignment on December 15, prosecutors said.

"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."

California has high rates of homelessness, accounting for 28% of the nation's homeless population.