At 9AM on Monday, February 3, about a dozen people gathered in the courtroom in Newton District Court to support Caleb Gannon, who had been scheduled for his pretrial hearing. Mr. Gannon, accompanied by his parents, has been charged with assault and battery in an attack on Scott Hayes, who was participating in a pro-Israel rally in September. In the first of the day’s pretrial hearings, Mr. Gannon, his attorney Stephen Colella, and Christopher Tarrant, the prosecuting attorney representing the District Attorney, appeared before District Court Judge Mary Beth Heffernan and agreed to a March 14th trial date.
Following the six-minute hearing, Mr. Gannon stepped into the Courthouse lobby to greet well wishers, many of whom hugged and kissed him. He still walks with a cane, as a result of the gunshot wound sustained in the confrontation with Mr. Hayes. Mr. Gannon was not armed when he attacked Mr. Hayes and was quickly subdued by other demonstrators. He has had multiple surgeries and anticipates another to reverse the ileostomy performed after the shooting. Mr. Gannon said that he and his family have been overwhelmed by the outpouring of support since the shooting.
Mr. Colella, who specializes in criminal law, told Fig City News that he hopes the case can be resolved without going to trial — that he and the prosecution can reach a reasonable settlement. Acknowledging that “what Caleb Gannon did was inappropriate,” he said Gannon’s actions “did not justify the irresponsible use of a deadly weapon in response to a clearly non-life-threatening confrontation.” He questioned the true motivation of “someone who brings a gun to a peaceful demonstration.” He noted that Mr. Hayes was standing next to others demonstrating with him who provided immediate assistance according to videos apparently showing the incident. In Massachusetts, a person firing a gun in self defense may do so only if he or she is in a life-threatening situation.
Mr. Hayes is scheduled to appear in court on March 20 for his pretrial hearing.
