Man accused of fatally shooting dog at dog park appears in court

HOUSTON – The man accused of shooting and killing a dog at a Bay Area dog park made his first appearance in court Wednesday morning.

Joseph Potts, 26, is currently out of jail after posting a $5,000 bond. He's charged with one count of cruelty to a non-livestock animal.

Deputies said on Jan. 25 Potts kicked, shot and killed a dog named Diesel.

Potts, 26, claims Diesel threatened his family and his dog's safety, but witnesses say Diesel was just playing with his dogs when he shot him.

"Witnesses say the owner's dog was playing or attempting to play with (this) dog," said prosecutor Jennifer Stabe. "and the defendant then began to kick the dog in this case and then pulled out a handgun and shot the dog three times."

Diesel had to be euthanized because of his wounds.

Potts could face two to 10 years in prison if convicted.