Caleb Gannon appeared in Newton District Court on June 26 for a hearing on an assault charge related to an attack on Scott Hayes last September. He had been charged with attacking Mr. Hayes, a Framingham resident, who was part of a pro-Israel rally at the corner of Harvard and Washington Streets. Mr. Gannon, a Newton native, who is pro-Palestinian, shouted at the demonstrators and ran across Washington Street and tackled Mr. Hayes. People with Mr. Hayes quickly helped subdue Mr. Gannon, and Mr. Hayes shot him, later claiming self-defense. Mr. Hayes was charged with Assault with a Dangerous Weapon, and Mr. Gannon was charged with Assault and Battery.
Mr. Hayes was arrested, booked, and jailed, but posted $50,000 bail and was released. Mr. Gannon suffered serious abdominal wounds and spent more than a month hospitalized. Stephen Colella, Mr. Gannon’s attorney, told the court that his client’s injuries were life-altering. Both Mr. Gannon and Mr. Hayes have appeared in Newton District Court several times at hearings before Judge Mary Elizabeth Heffernan.
Mr. Gannon’s June 26 appearance before Judge Heffernan was to finalize a pre-arranged pretrial probation to end on September 12, 2025. It calls for charges to be dropped at that time if Mr. Gannon abides by probation rules including completion of a course on civil discourse; staying way from Mr. Hayes, and complying with mental health evaluation and treatment and current mental health counseling.
On June 4, Mr. Hayes was sentenced to pretrial probation to conclude on September 13, 2025. His probation includes restrictions involving a continued suspension of his gun license; requirement to complete an appropriate online course in civil discourse; staying away from Mr. Gannon; and seeking and applying for employment at least three times a week. In addition, he is allowed to be in Newton only for medical appointments, religious services, or driving through Newton to some other destination
According to press releases from District Attorney Ryan and Newton Police Chief George McMains explaining the decision for placing both men on probation with similar requirements: “This resolution is the result of hundreds 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 the state of evidence.”
Conceding that his client’s actions were inappropriate, Mr. Colella noted that Mr. Hayes was not alone at the time of the shooting, had the support of the other demonstrators, and was not in a life-threatening situation. Mr. Colella said he believes that District Attorney Ryan should have tried the case and that the decision should have been left to a jury. Reiterating his statement in an earlier appearance before the court, Mr. Colella said that this resolution of the case sends a message that people will use to claim that if they shoot someone they felt threatened.
Mr. Hayes’s attorney, Glenn Alexander MacKinley, did not respond to Fig City News’s requests for comment regarding the resolution of the case.
