On the evening of September 12, a non-fatal shooting occurred amid a violent altercation at the scene of a reportedly otherwise peaceful pro-Israel demonstration on the south side of Washington Street, by the Harvard Street overpass over the Mass. Turnpike.
Newton Police responded about 6:40PM. The alleged shooter – one of the pro-Israel demonstrators, identified as Scott Hayes, age 47, from Framingham – was arrested. The individual who was shot – a Newton man, later identified as Caleb Gannon, age 31 – was transported to a local hospital and is expected to survive injuries originally characterized as life-threatening.
Earlier that evening, a small group of pro-Israel demonstrators had gathered at that location. According to statements by Middlesex District Attorney Marian Ryan:
- A Newton man was walking on the opposite side of Washington Street and “began shouting comments at the demonstrators.”
- There was “an exchange of words back and forth” between the Newton man and the group of demonstrators.
- The Newton man entered the street and returned to the north side at least once, and then “ran across the street and tackled Hayes to the ground.”
- “An altercation followed during which Hayes allegedly shot the Newton man.”
- Preliminary investigations indicate that Hayes possessed that gun legally.
Hayes was arrested at the scene and charged with assault and battery with a dangerous weapon, as well as violation of a constitutional right causing injury. At his arraignment in Newton District Court the next day, the latter charge was dropped, and Hayes pled not guilty to the assault and battery charge and was released on $5,000 cash bail with restrictions on his movement. He is under a 7PM-6AM home curfew, must stay away from Newton and Gannon, may not possess dangerous weapons, and has his license to carry firearms suspended in Massachusetts while on bail. His next court appearance is scheduled for November 7.
On September 13, Newton Police applied for a criminal complaint against Gannon for assault and battery for allegedly attacking Hayes. Because it did not occur in the presence of a police officer, that charge is not an arrestable offense. If the complaint is granted, Gannon will receive a summons and is entitled to a hearing to determine whether there is probable cause for his arrest.
In the ongoing investigation of the incident, the Newton Police, the Middlesex District Attorney’s Office, and State Police assigned to the District Attorney are gathering and reviewing video and interviewing witnesses. The Newton Police Department is asking any witnesses with additional pictures or video they took of the incident to contact the Detective Bureau at 617-796-2104 or the anonymous Tip Line at 617-796-2121.
In a statement, Mayor Ruthanne Fuller expressed gratitude for the professionalism of the Newton Police, for the medical services provided by the Newton Fire Department and Coastal ambulance service, and for the work of District Attorney Ryan and her team. In the wake of this “frightening and disturbing incident,” the Mayor called for “all of us to be calm, speak civilly, and act respectfully.”