Elliott was jogging with a pushcart and his two dogs and encountered Avalos sleeping on a sidewalk [...].

Unable to maneuver around Avalos due to vegetation along the sidewalk, Elliott used his pushcart to nudge Avalos [...]. Avalos awoke and told Elliott to get away from him, the prosecutor wrote. Elliott began filming the encounter and apparently grabbed a gun from his pushcart.

Avalos threw a shoe at Elliott, [and] Elliott ducked and then immediately fired four gunshots, the prosecutor added, that struck Avalos. Elliott allegedly told police that Avalos “rushed” him after throwing the shoe, forcing him to open fire.

But after viewing the video provided by Elliott, detectives determined that Avalos never tried to run at Elliott. Avalos was around 10 feet away, the prosecutor wrote, had nothing in his hands, was standing still and had the pushcart and dogs between him and Elliott, who never warned Avalos that he had a gun.

Fucking gun culture. Elliott murdered one of our most vulnerable in clear over escalation of the situation. This should never have happened and now there is a mistrial without justice.