Shooting victim in Newton pro-Israel demonstration charged with assault and battery

NEWTON, Mass. — 32-year-old Caleb Gannon, using a cane for support, was arraigned in Newton District Court, charged with assault and battery for his role in a violent altercation at a pro-Israel demonstration in August.

Video shows Gannon yelling at demonstrators, and then running across the street and tackling to the ground 47-year-old Scott Hayes of Framingham, who was legally carrying a gun.

During the struggle, Hayes’ gun was fired, and Gannon was shot.

He was hospitalized for more than a month.

Video shows man charging across Newton street, tackling pro-Israel demonstrator before shooting

Hayes is already charged with assault and battery with a dangerous weapon for shooting Gannon.

But now, Gannon is charged with assault and battery for tackling Hayes.

“Even the consideration that this man, Mr. Hayes felt like it was self-defense. That’s totally absurd,” said Jill Charney a Newton, a Gannon supporter.

But legal experts are not surprised Gannon is also facing charges.

“Passions may be at a fever pitch. But you are not allowed to physically assault somebody, no matter how hot the political or international affairs discussion goes,” said Boston attorney Peter Elikann.

But there is more to this case.

In Massachusetts, there is no stand-your-ground law.

Victims must not take the law into their own hands but instead, find a way to de-escalate and retreat unless they are at immediate risk of death or serious injury.

It will be up to a jury to decide if by shooting the unarmed Gannon during the altercation, Scott Hayes crossed a legal line.

“He raised the stakes, he should be charged for shooting him,” said Boston Attorney Phil Tracy. “You’re supposed to try to de-escalate the situation and make it so nobody gets hurt.”

Caleb Gannon was released on personal recognizance.

He is due back in Newton District Court on February 3.

This is a developing story. Check back for updates as more information becomes available.

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