SANTA ANA,HAI Community Calif. (AP) — A Southern California man recorded video as he fatally shot a homeless man who threw a shoe at him after being awakened while sleeping on a sidewalk, prosecutors said.

Craig Sumner Elliott, 68, of Garden Grove, California, was charged with felony voluntary manslaughter and an enhancement for personal use of a firearm, the Orange County District Attorney’s Office said in a statement Monday.

The shooting occurred around 3 p.m. on Sept. 28 as Elliott jogged with two dogs while pushing a pushcart in Garden Grove and encountered Antonio Garcia Avalos, 40, sleeping in the middle of the sidewalk, the statement said.

Elliott allegedly used the pushcart to nudge Avalos, who woke up and yelled at Elliott to get away from him. Elliot, who had an active concealed carry permit issued by the Orange County Sheriff’s Department, grabbed a handgun from his pushcart, it said.

“Video taken by Elliott captured Avalos standing up and throwing a shoe at Elliott, who ducks to avoid the shoe and shoots Avalos three times,” the statement said. “Avalos later died from his injuries.”

Telephone messages seeking comment on the allegations were left Wednesday at two possible listings for Elliott. Several other possible phone numbers were disconnected or rang unanswered. An email to a possible address for Elliott was not immediately returned. It was not known whether Elliott had an attorney. The prosecution statement did not indicate whether Elliott has legal representation. Calls to the district attorney’s office were not immediately returned.

Elliott was arrested on a warrant by Garden Grove police on Nov. 17 and was released after posting $100,000 bail, prosecutors said. His arraignment was scheduled for Dec. 15. He faces a maximum sentence of 21 years in state prison if convicted on all charges.

“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,” District Attorney Todd Spitzer said in a statement.