Scott Hayes, who was charged with assault with a dangerous weapon in the non-fatal shooting of Caleb Gannon on September 12, 2024, was scheduled to face trial on June 18. ln a pretrial case session on June 4 in Newton District Court, Judge Mary E. Heffernan ruled that he would be on pre-trial probation until September 13, 2025.
During the pre-trial probation period, the Court’s order requires Mr. Hayes to:
- Stay away from the victim and witnesses;
- Stay away from court-ordered location – Newton – except for medical treatment, religious worship, or driving through Newton to another destination;
- Have his license to carry firearms suspended;
- Complete an appropriate online course (addressing civil discourse); and
- Seek and apply for employment, including completing at least three work searches each week.
If Mr. Hayes abides by all the conditions included in the Pretrial Probation, all charges against him will be dropped. Any violation during the pre-trial probation will result in the reinstatement of a trial. According to a joint press release from Middlesex County District Attorney Marian Ryan and Newton Chief of Police George McMains, “This resolution is the result of hours of in-depth review and analysis by our legal and law enforcement experts. It is the appropriate outcome given the facts of this particular case and state of evidence.”
A police report filed by ten Newton Police officers after the shooting noted the following: Witnesses noted that Mr. Hayes had been taking part in a pro-Israel demonstration at the corner of Harvard and Washington Streets when Mr. Gannon began shouting anti-Israel comments and ran across Washington Street, attacking Mr. Hayes. One witness told police that she heard a man shout, “I’m packing.” Other protesters joined in the effort to subdue Mr. Gannon. Two officers reported that Mr. Hayes told them he shot Mr. Gannon, who was lying on the ground with an abdominal wound. Mr. Hayes was reported to have blood on his nose and scratches on his face. Mr. Hayes had a “small tan handgun with P365 inscribed on the slide and it appeared to be a SIG P365” and an additional magazine in a waistband holster. Mr. Gannon was transported to Beth Israel Hospital. Mr. Hayes, who complained of chest pain, was taken to Newton-Wellesley Hospital and later booked. The report includes fourteen witnesses or “involved” parties.
Caleb Gannon, who faces an assault charge, is due back in court on June 26.
