A 68-year-old jogger has been charged with killing a homeless man in California who was blocking his path while sleeping.

Craig Sumner Elliott was jogging with two dogs and a pushcart on the afternoon of 28 September when he confronted the man who was asleep on a pavement, according to Californian officials who charged him earlier this week.

Elliott nudged Antonio Garcia Avalos, 40, to wake him up, causing the rough sleeper to shout at the jogger.

Police say Elliot started recording Mr Avalos before pulling a handgun from his pushcart.

They add that Elliot’s footage showed Mr Avalos throwing a shoe at Elliot seconds before he shot the victim three times.

Garden Grove police responded to the incident about one mile west of Disneyland, according to a statement from the department that day.

The victim was rushed to a hospital, where he died, it said.

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Elliott, who had a permit to carry the weapon, was arrested on 17 November and has since been charged with voluntary manslaughter and enhancement of personal use of a firearm.

He faces a maximum sentence of 21 years in state prison if convicted on all charges, according to the Orange County District Attorney’s Office.

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“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.”

Elliot has been released on bail and is scheduled to appear in court on 15 December to enter a plea.

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