Scott Hayes, 48, says he will likely have to go to trial for shooting an anti-Israel man who tackled him after a district attorney backed away from finalizing a disposition to resolve the case outside the courtroom.
Hayes was charged with assault and battery with a dangerous weapon and released on a $5,000 bail on September 13 after he shot Caleb Gannon, who charged through traffic and tackled Hayes in Newton, Massachusetts. Hayes pleaded not guilty and said shooting Gannon in the stomach was an act of self-defense.
“I am demanding a trial because the district attorney’s office continues to miss deadlines, go back on agreements, and play with my life,” Hayes said. “If they think they have a strong case — which they don’t — I’ll see you in court.”
Hayes, who lost his job over the incident, spent the last few months working out terms with the office of Middlesex County District Attorney Marian Ryan. According to Hayes, Ryan’s office and Hayes’ legal team worked out terms for a “pretrial probation” (PTB) with no admission of liability, which would suspend Hayes’ license to carry during the period and require him to complete a de-escalation course and stay away from Gannon.
The point of contention is whether Hayes should stay out of Newton, the town where Gannon resides. Hayes believes that the condition is unnecessary, and that he should not have to stay out of the major Boston suburb, where he has many friends. The two sides were supposed to argue to a judge on Tuesday, until Hayes’ lawyer was informed that the DA’s office cancelled the hearing.
Ryan’s office ignored requests about the reason for the cancellation of the meeting on Tuesday and instead said the case hearing is scheduled for March 20.
Immediately after his release on bail, Hayes was required to wear a GPS ankle monitor, which flagged him several times for violating the stay-out-of-Newton order each time he traveled on the Mass Pike (I-90) for doctor appointments, as the highway runs through Newton. In October, a judge removed the ankle monitor requirement and his restrictions from being in Newton.
“It’s absurd that they want to now restrict me from Newton while I have been free to travel there for five months without any incidents,” Hayes told The Daily Wire.
In a video obtained by The Daily Wire, Gannon is seen yelling at the pro-Israel protesters Hayes was with at a busy intersection and accusing them of “supporting genocide.” He then began to charge across the street until Hayes stepped onto the street with the hand on his waistband, where his lawfully possessed firearm was secured in a holster under his shirt, according to a motion filed by Hayes’ attorney.
“Hayes did not brandish or even remove his gun from this holster, yet Gannon knew that Hayes had a gun, shouting ‘Are you carrying a f***ing gun?” the motion reads. “Hayes acknowledged that he did have a gun.”
Gannon backed away while making obscene gestures, while Hayes started to dial 911 on his phone. This is when Gannon rushed through traffic and tackled Hayes, as caught on a video provided to The Daily Wire.
BREAKING: Anti-Israel man shot in stomach after charging through traffic to tackle a man at a pro-Israel demonstration outside Boston in Newton, Massachusetts.
Footage obtained exclusively by @KassyAkiva: pic.twitter.com/nsGN3MQVAO
— Daily Wire (@realDailyWire) September 13, 2024
According to court documents, Hayes was face down on the sidewalk while Gannon was on top of him and choking him with his right arm, while trying to reach for Hayes’ gun with his left. Hayes then unholstered his gun and fired one shot at Gannon’s midsection. The documents go on to claim that Gannon still tried to grab Hayes’ gun after being shot and at one point “was able to turn the gun barrel toward Hayes’ face.”
In another video after the incident, Hayes used his military training to give first aid to Gannon while telling bystanders to call 911.
In another video, the man who fired the gun is seen providing medical care to the man who tackled him before first responders arrived. pic.twitter.com/wMtoowakr9
— Daily Wire (@realDailyWire) September 13, 2024
The Middlesex District Attorney’s Office did not immediately respond to a request for comment.
Gannon, 31, was charged in Newton District Court in December and pleaded not guilty to the charge of assault and battery. He was allowed to go free on personal recognizance. According to his lawyer, he spent 38 days in the hospital and nearly died from his injuries.
He has a history of inflammatory social media posts where he advocated for the destruction of the United States, refused to denounce Hamas, and labeled murdered American hostage Hersh Goldberg-Polin as a terrorist who “got what he deserved.”
“I don’t condemn Hamas. I condemn my family,” Gannon wrote in one post about the terrorist group that killed, raped, or took hostage over 1,000 citizens from Israel on October 7.
Caleb Gannon, the man who tackled Scott Hayes and was shot, has a X history of calling for the destruction of America and says he does not condemn Hamas. pic.twitter.com/t11GcY5eFv
— Kassy Akiva (@KassyAkiva) September 13, 2024
Gannon’s father told the police that his son is mentally unstable and possibly autistic after the incident, The Boston Globe reported.
Though not Jewish, Hayes says he believes it’s important to use his voice to call for the release of the 101 hostages held by Hamas in Gaza and to stand up to anti-Semitism in the United States.
“If my life has to be ruined for trying to help the Jewish people to survive, then that’s the price,” he told The Daily Wire. “It’s a much bigger issue than me. What happened to me brought a lot of local Jewish people together and got them out and active because of the reality of what’s happening.”
