NEWTON, Mass. — Cell phone video captured a pro-Palestine man running across the street and attacking an Iraq War veteran at a pro-Israel rally in Newton, moments before a gunshot went off, wounding the man.
The veteran, Scott Hayes, 47, of Framingham, pleaded not guilty in Newton District Court on Friday to the charge of assault and battery with a dangerous weapon. He had scratch marks and bruises on his face and nose as he faced the judge.
A judge set bail at $50,000/$5,000 cash, which Hayes posted. Conditions for his release are that Hayes wear a GPS monitoring device, not have any weapons, stay away from the victim and the City of Newton, and be confined to his home during the hours of 7 p.m. to 6 a.m. daily. His license to carry has also been suspended.
Hayes did not speak while leaving the courthouse Friday afternoon. His attorney and his supporters said that Hayes should never have been charged.
“I do not think he should have been arrested and I think every minute that he’s in handcuffs or otherwise in custody is an injustice,” defense attorney Glenn MacKinley said.
He added, “This is a textbook case of self-defense. We are confident when the investigation is completed it will clear Mr. Hayes of all charges.”
Prosecutors said the man shot on Thursday, identified in court paperwork as Caleb Gannon, 31, of Newton, will be charged by criminal complaint for assault and battery. He is expected to survive, Middlesex District Attorney Marian Ryan said. His condition was not known Friday.
The shooting occurred around 6:40 p.m. Friday near the corner of Harvard and Washington streets.
A preliminary investigation found that Hayes was standing on the street corner demonstrating with a small group, Ryan said.
Gannon was walking on the other side of the street when he began shouting comments at the demonstrators. A verbal exchange ensued.
He then “ran across the street and tackled Hayes to the ground,” Ryan said. “An altercation followed during which Hayes allegedly shot the Newton man.” Police arrested Hayes on scene.
Video obtained by Daily Wire captured the dramatic moments that led up to the shooting, when the pro-Palestinian man charged at Hayes, who was standing with a few other pro-Israeli protestors across the street, some of them waving the Israeli flag.
The video shows Gannon, wearing a Palestinian flag pin, standing on the sidewalk and yelling at protesters from across the street.
“You’re sick! You’re sick,” he shouts to the pro-Israel protestors.
“You are defending genocide. Over 200,000 Palestinians,” he says.
The video then shows him running across the street and lunging at Hayes, knocking Hayes to the ground.
“No! No!” A woman screams before the two men get into a scuffle on the ground, with the pro-Palestinian man holding Hayes in a tight headlock.
A gunshot is heard. “No! No! Oh my God!” the woman screams.
The two men keep wrestling, and two other demonstrators respond and try to separate the two.
“Grab my pistol. Grab my pistol,” a voice, believed to be that of Hayes, is heard shouting.
He urges people to get off the man who attacked him.
Another man says, “Call the cops.”
Another video captured the group lifting Gannon, who is helped by Hayes.
“Call 911. Now,” Hayes shouts to bystanders.
“Are you okay, man?” Hayes says while helping Gannon take off his shirt to check his injuries, laying him on the ground, and rendering first aid.
Newton police are looking for the public’s help in obtaining any videos or pictures from the incident.
Police said they will also provide extra patrols at houses of worship over the next several days.
Family and supporters shielded Hayes as he walked out of court with cuts on his forehead and nose.
Family, friends, and Haye’s legal team expressed their frustrations after he faced a judge, while dozens throughout the day flocked to the courthouse to offer their support.
In a statement Friday morning, the Anti-Defamation League of New England shared concern over law enforcement filing charges so soon after the shooting.
“ADL is aware that an anti-Israel protestor was shot after charging across traffic and violently tackling a pro-Israel demonstrator to the ground in Newton. Reports that charges were immediately filed prior to completion of the investigation are concerning,” ADL New England said.
“Protests should not subject anyone to violence. We encourage Newton Police and the Middlesex District Attorney to conduct a thorough investigation of the entire incident. We are concerned about escalating tensions and remain in contact with law enforcement and community officials,” ADL New England said.
A GoFundMe set up to pay for Hayes’ legal fees had raised $135,417 as of 4:35 p.m. Friday.
“Even though Scott is not Jewish he has been defending the Jewish people and its right for self determination and governance all across Boston, its surroundings and all around New England and the US. He now needs help as this turmoil entered his life,” the fundraiser said.
Newton Mayor Ruthanne Fuller called the shooting “frightening” and “disturbing” in a statement on Friday.
“I encourage all of us to be calm, speak civilly, and act respectfully,” Fuller said.
Fuller said she’s grateful to first responders “for their professionalism and skill” during their response, and also “for the careful decision making of District Attorney Ryan and her team.”
The mayor said the Riverside Trauma Center is available to anyone in need of emotional support services. The center’s number is 781-433-0672.
Ryan said an investigation is ongoing by Newton Police, her office and Massachusetts State Police Detectives assigned to her office.
Investigators are still gathering and reviewing video of the incident and conducting witness interviews, Ryan said.
Hayes is due back in court on Nov. 7.
This is a developing story. Check back for updates as more information becomes available.
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