A man once accused of attempted kidnapping at two Solana Beach-area schools no longer faces charges in one of the alleged incidents.
A San Diego judge has dismissed two charges against Jack Doshay, a member of an affluent San Diego family, in connection with a September 2010 incident reported at Solana Santa Fe Elementary School.
Doshay was arrested after a similar kidnapping attempt on the campus of Skyline Elementary School in March 2015.
A man tried to tape a 7-year-old girl and take her from the campus at approximately 3:15 p.m. as children were leaving the Solana Beach school.
The girl’s screams and kicks caught the attention of staffers at the school and the girl managed to escape unharmed.
After Doshay's arrest in the Skyline School incident, prosecutors accused him of an alleged incident five years earlier.
In September 2010, San Diego County Sheriff's Deputies investigated the attempted kidnapping of a 5-year-old girl near the baseball fields at Solana Santa Fe Elementary School. In that incident, the girl was allegedly lured behind a shed after school and told she was going to see a bunny. Deputies investigated the report that a man grabbed the girl by her hips, unzipped her pants and tried to remove them. The girl allegedly screamed and kicked the suspect to escape.
On Monday, a San Diego judge dismissed the two felony charges connected to the 2010 incident, according to Doshay's defense attorney Paul Pfingst.
A sheriff's deputy who investigated the complaint at the time declared it to be unfounded but that information was not disclosed to the grand jury who indicted Doshay, Pfingst said.
"The prosecution said they were unaware of and had not considered the information provided by the deputy sheriff back in 2010," Pfingst said. "The judge said you had a duty to be aware of [it] and to show [it] to the grand jury."
Doshay still faces eight charges including kidnapping and assault with intent for sexual conduct, child abuse and a variety of false imprisonment charges regarding the 2015 Skyline School incident.
Pfingst said his client may appeal some of those other charges because of what he described as a lack of evidence of any sexual motive.
“We believe the prosecution relied upon inadmissible evidence to try to prove that,” Pfingst said. “The judge disagreed with us and we’re now assessing whether we wish to appeal that.”
Up to four charges could be included in a future appeal, he explained.
Pfingst said he has not discussed a plea deal with the prosecution as a result of Monday’s motions.
Doshay’s parents are Glenn and Karen Doshay. Glenn is a minority stakeholder of the San Diego Padres.
Jack Doshay had been accepted into a university 10 days prior to the 2015 alleged attempted kidnapping.
Glenn suspected his son may have been involved based on the vehicle description, grand jury transcripts said.
According to the documents, Glenn told investigators he had also looked at his son’s computer and found online search history on how to “tape” someone up using duct tape.
There were also searches on the laptop for the terms “child erotica,” “little girls modeling” and “Japanese schoolgirl teens” under Jack Doshay’s log-in.
As Glenn pieced things together, he hired Pfingst to represent his son, the documents stated.
Karen’s statement in the transcripts echoed Glenn’s story about how they believed their son was a suspect in the March 2015 alleged kidnapping.
Doshay was out on bail and under 24-hour supervision, Pfingst said.
A trial date has not been set.