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The Alameda County District Attorney’s Office will not be filing animal abuse charges related to last week’s near-fatal shooting in Pleasanton that ended with one man in the hospital and another facing multiple criminal charges, including attempted murder.
“The investigation into the shooting revealed that a 71-year-old-man was shot multiple times by the suspect, Joshua Kaplan, who allegedly confronted the victim in connection with animal abuse allegations,” said Pleasanton Police Department officials in a press release Friday. “The allegations were unsubstantiated due to lack of evidence.”
The suspect, 50-year-old Kaplan of Sunol, reportedly tried stopping the victim from leaving his home in Pleasanton after calling the police for the alleged animal abuse.
“Following a review of the case, the Alameda County District Attorney’s Office declined to file charges for animal abuse,” the press release said.
According to the DA’s office, the court denied the defense’s motion to release Kaplan on his own recognizance during his arraignment hearing Wednesday and set his bail at $500,000. However, Kaplan is no longer in custody at the Santa Rita Jail, a spokesperson from the jail confirmed to the Weekly Friday.
The Weekly has reached out to Kaplan’s defense attorney for comment but has not received a response as of Friday afternoon.
The incident unfolded on July 26 when Kaplan, a local dog trainer, purportedly received a video from a client allegedly showing his neighbor, the 71-year-old victim, “beating his dog,” PPD Officer David Cach wrote in a probable cause declaration. The officer stated in his report that the neighbor also allegedly observed the victim beating his dog.
Upon reviewing the video, Kaplan called PPD and reported the alleged abuse before going to the victim’s residence in the 3000 block of Vineyard Avenue to wait for officers to show up, according to Cach.
Once he arrived at the victim’s house, Kaplan saw the victim get into his car and attempt to leave his house. As the victim began pulling out of his driveway, Kaplan parked his black truck in front of the victim’s path in order to stop him from leaving, Cach wrote.
The victim’s car then reportedly “lurched forward and struck Kaplan’s truck,” prompting Kaplan to shoot the victim who was still inside his car. The victim left the car, went inside his home and grabbed a loaded shotgun before stepping back outside, according to the police report.
That’s when Kaplan allegedly began shooting at the victim once again. Cach wrote in his police report that the victim “never pointed his shotgun at anyone and never fired off a round.”
Officers arrived moments later to detain Kaplan and render aid to the victim who, according to the latest PPD press release, is now recovering from nine gunshot wounds.
After the victim’s dog was taken to the East County Animal Shelter, detectives reviewed the abuse allegations which included “witness statements, video evidence, and other supplemental materials.”
A licensed veterinarian also conducted a thorough examination of the dog consisting of x-rays, ultrasounds and bloodwork, police said.
“No injuries were found and there was no evidence to suggest past abuse,” according to the press release. “The animal was in good health.”
The dog has since been returned to the victim, police said.
According to the criminal complaint filed by the DA’s office on Tuesday, Kaplan is charged with one felony count of attempted murder as well as a second felony count of shooting at an occupied motor vehicle.
He is also facing several special allegations, such as intentional discharge of a weapon, engaging in violent conduct and inflicting great bodily injury to someone over 70 years of age.
He is scheduled to appear for a plea hearing next Thursday (Aug. 7), the DA’s office said.
