|
Getting your Trinity Audio player ready...
|
A Sunol man accused of shooting a 71-year-old Pleasanton resident over alleged animal abuse is sharing his side of what took place through his attorney, who maintains that his client acted in self-defense.
Joshua Kaplan, 50, was arrested late last month for allegedly shooting a man at his Pleasanton residence and he was later charged by the Alameda District Attorney’s Office for one felony count of attempted murder as well as a second felony count of shooting at an occupied 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.
However, Kaplan’s attorney, Seth Morris of Morris Law, said Kaplan has been “wrongfully accused in this case because shooting with a legal justification in self-defense is not a criminal act”.
The incident unfolded on July 26 when Kaplan — a local dog trainer — reacted after receiving a video from a client allegedly showing his 71-year-old neighbor “beating his dog”, according to court records. The person also reported observing the neighbor beating his dog.
Police previously told the Weekly there were “no obvious signs of injury to the dog when animal services took custody of it” and after a thorough examination by a licensed veterinarian, the dog was considered in good health and did not exhibit evidence of past abuse.
After reviewing the video, Kaplan notified Pleasanton animal control, who advised him to call the Pleasanton Police Department and report the alleged abuse. After reporting it to the police, Kaplan went to the man’s residence in the 3000 block of Vineyard Avenue to wait for officers to show up, according to police records.
The altercation escalated when the 71-year-old attempted to leave his home and, as he entered his car and tried to drive out of his driveway, Kaplan parked his black truck in front of the victim’s path in order to stop him from leaving, police said.
The victim’s car “suddenly lurched forward and struck Kaplan’s truck”, according to police records. Kaplan allegedly began shooting at the 71-year-old from inside his truck and struck the man in the face.
The victim immediately got out of his vehicle, ran inside his home and grabbed his loaded shotgun before stepping back outside where — with his shotgun at his side — he was allegedly shot at once again by Kaplan, according to police.
But Kaplan’s attorney said his actions were to “save his life” in response to the other man’s “repeated threats and escalating acts of violent aggression”.
“Josh Kaplan acted lawfully and has committed no crime,” Morris said in a statement to the Weekly.
“Josh is a loving husband and proud father of two,” Morris added. “Dozens of people in Josh’s community wrote letters vouching for his character — people from all walks of life, including a retired police officer, a fire chief, an economist, a preschool teacher, a nurse and a hospital director. The letters highlight Josh’s kindness, work ethic and commitment to his community.”
Kaplan was arrested and booked into Santa Rita Jail before he was arraigned on July 30. He has since been released on bail and entered a plea of not guilty during his plea hearing on Aug. 7, according to court records.
Kaplan is set to return to court on Friday (Aug. 29) for a pretrial hearing and will have a preliminary hearing on Sept. 23 in front of a judge at the East County Hall of Justice courthouse in Dublin.
He has also resumed taking on clients for his dog training business, according to an Aug. 8 Facebook post.
“I’m officially back to work and taking on new clients,” Kaplan wrote in the post. “Thank you to everyone who’s stood by me in this challenging time.”
The Weekly has attempted to reach out to the lead prosecutor representing the DA’s office on the case for comments but has not heard back as of time of publication.
Livermore Airport landings paused during bomb squad response across streetFebruary 26, 2026 10:09 pm
Are any of the guns legally registered? Would the handgun be considered concealed weapon? Why would anyone carry a gun o drive around town?