...is charged with assault and battery with a dangerous weapon, as well as violation of a constitutional right causing injury, following a violent confrontation, Middlesex County District Attorney Marian Ryan said.

A GoFundMe in support of Hayes has raised over $37,000 in less than 12 hours since being launched.

featureless wrote: Fri Sep 13, 2024 1:33 pm Yeah, in California you'd definitely be arrested and charged. Pretty clear in my mind that a person charging across the street and tackling you on concrete is a deadly threat.

Head knocks to concrete kill quite a few people and leave quite a few more with brain damage. But an example will likely be made that we are to wait on the police and never utilize our right to self defense.

Apparently, this is the same DA that charged Caetano for daring to be armed with a stun gun against her abuser, eventually resulting in SCOTUS action.

CowboyT wrote: Fri Sep 13, 2024 2:21 pm That's true. In this particular case, size wasn't as much of a difference. Rather, it was more of a younger assailant against an older victim. In such a contest, assuming equal skill, the younger person is going to have a physical advantage. That's why there's the ol' folks saying that goes, "I'm too old now to fight ya, son; I'm just gonna shoot ya."

sikacz wrote: Fri Sep 13, 2024 1:54 pm

featureless wrote: Fri Sep 13, 2024 1:33 pm Yeah, in California you'd definitely be arrested and charged. Pretty clear in my mind that a person charging across the street and tackling you on concrete is a deadly threat.

Head knocks to concrete kill quite a few people and leave quite a few more with brain damage. But an example will likely be made that we are to wait on the police and never utilize our right to self defense.

Apparently, this is the same DA that charged Caetano for daring to be armed with a stun gun against her abuser, eventually resulting in SCOTUS action.

People in the anti gun group are very quick to dismiss the idea that a person can be killed with just bare hands. If a person of diminutive stature and weight is attacked by someone in a greater weight class they are likely going to suffer greatly or even die. There’s a reason in some sports there are weight divisions, but self defense is not a game or sport.

BKinzey wrote: Fri Sep 13, 2024 1:13 pm Pepper Spray.

To quote John from Active Self Protection " Pepper spray, something between a harsh word and a gun". Had they pepper sprayed the guy it probably would have ended there. I say that being pretty sure here in CA it would be a crime to carry pepper spray at a protest, not sure about MA.

Looks like there certainly is the "great bodily harm" justification at least. Also even after he is shot it takes several people to pull him off. I'd guess the DA could claim at the time of the shot they were on the ground grappling or wrestling and the fear of death or great bodily harm wasn't reasonable.

The DA has yet to charge the perpetrator with assault and battery? What a croc! Certainly if they charged the defender. Really bad that "GUN!" had such an affect. Kinda like the person in the video who's response was "SCREAM!"

Few details have been shared by authorities about the altercation that preceded the shooting, including in Newton District Court earlier Friday, where Scott Hayes of Framingham appeared to face a charge of assault and battery with a dangerous weapon. A not guilty plea was entered on his behalf.

They revealed that the person who was injured, a 31-year-old from Newton who otherwise was not identified, is now expected to survive. They had previously said his injuries were life-threatening.

Hayes spoke briefly as the judge and lawyers discussed the conditions of his $5,000 bail, which they said he would meet, and his lawyer told the judge, as part of discussions on the conditions of his release, that he's a full-time contractor.

The Jewish community is scrutinizing Middlesex County District Attorney Marian Ryan’s handling of an investigation into a pro-Israel demonstrator allegedly shooting an anti-Israel protester who tackled him to the ground at a rally in Newton. Newton Police immediately arrested Scott Hayes, 47, of Framingham, on charges of assault and battery with a dangerous weapon and violation of a constitutional right causing injury after a “scuffle ensued,” Ryan told reporters Thursday night. Appearing for arraignment at Newton District Court Friday afternoon with scratch marks and bruises on his face and nose, Hayes, pleaded not guilty to the assault and battery with a dangerous weapon charge. The violation of a constitutional right causing injury was dropped prior to arraignment. Police responded around 6:40 Thursday evening to a small pro-Israel rally near Washington and Harvard Streets in the Newtonville neighborhood, Ryan told reporters just after 10:30 Thursday night. “During that scuffle, the individual who had come across the street was shot by a member of the demonstrating group,” Ryan said at Newton Police headquarters. The district attorney highlighted the charges against Hayes, identified as an “American Iraq War Veteran,” and how the shooting victim, a 31-year-old from Newton whose name has not been released, was being treated at a hospital for life-threatening injuries and did not face immediate charges.

Betar, a 100-year-old national Zionist Jewish organization, called it “absolutely shameful” that Hayes has been charged. “We say shame on Middlesex County District Attorney Marian Ryan,” the organization wrote in a statement. “Hayes should not be charged. Shame on you Ms. Ryan. The only thing anyone should say to Scott Hayes is thank you. We say thank you Scott Hayes for serving America and for standing with the Jewish and Pro-Israel community. During Hayes’ arraignment, Prosecutor Laura Miller, however, told the judge that the victim is set to be charged with assault and battery on a criminal complaint, not an arrest. The victim is expected to survive. “We do appreciate the court’s patience as this was an evolving situation,” Miller told the judge. “We were continuing to assess the evidence as it relates to the entire situation especially as video was being gathered and witnesses interviewed.” The judge set a $5,000 cash bail for Hayes. Conditions for his release are that he wears a GPS monitoring device, does not have any weapons, stays away from the victim and the City of Newton, and is confined to his home during the hours of 7 p.m. to 6 a.m. daily. His license to carry has also been suspended.

Videos shared with the Daily Wire, which have gone viral, show the anti-Israel protester, wearing a Palestinian pin and a surgical mask around his neck, shouting at the group of pro-Israel demonstrators from across the street, calling them “sick” and accusing them of “defending genocide.” The protester is then seen bolting across the road before tackling Hayes to the ground. GoFundMe page, set up in support of Hayes’ legal defense, detailed the hectic scene. It surpassed its initial $60,000 goal, with over $133,000 raised from 1,900 gifts as of Friday afternoon. The targeted amount is now $180,000. “Scott was wrestling with him when a gun went off,” the GoFundMe, which identified Hayes as an “American Iraq War Veteran,” states. “As soon as Scott noticed his assailant was hurt he provided emergency medical treatment.” “Even though Scott is not Jewish,” it continues, “he has been defending the Jewish people and its right for self determination and governance all across Boston, its surroundings and all around New England and the US. He now needs help as this turmoil entered his life.”

The Anti-Defamation League of New England reacted to the incident minutes after midnight, highlighting how it was “aware that an anti-Israel protestor was shot after charging across traffic and violently tackling a pro-Israel demonstrator to the ground in Newton, MA.” “Reports that charges were immediately filed prior to completion of the investigation are concerning,” the ADL wrote in an X post. “Protests should not subject anyone to violence. We encourage Newton Police and the Middlesex District Attorney to conduct a thorough investigation of the entire incident. We are concerned about escalating tensions and remain in contact with law enforcement and community officials.” Newton Mayor Ruthanne Fuller, during a news conference late Thursday night, called the shooting a “frightening incident” and asked for everyone to remain calm as police investigate. “I know people will have a lot of questions, and we will share information with Newtonians and the press when we are able,” Fuller said. “It’s really early stages of an active investigation.”

Acting Newton Police Chief George McMains asked witnesses to provide investigators with photos or videos of the confrontation. He said police would provide extra patrols at “houses of worship” over the next several days. The Jewish Community Relations Council of Greater Boston, in a statement Friday afternoon, said it welcomed that Ryan dropped Hayes’ civil rights charge and that the person who charged and tackled him would face a criminal complaint. “There should be no question that violence of any kind in our democratic society is abhorrent,” the council wrote in a previous statement on the incident. “People’s right to gather in civil, non-violent public demonstrations must be sacrosanct.” Some reacting to the incident felt Hayes’ quick arrest appeared “politically motivated.” Gerard Filitti, senior counsel for the Lawfare Project, a national non-profit focused on protecting the human and civil rights of Jewish communities worldwide, called the dilemma “highly concerning.” “To put it bluntly, based upon this video, the charges appear to be (expletive)-backwards,” Filitti wrote in an X post early Friday morning. “The wrong person was charged. This may well be a violation of Hayes’s civil rights.”

Hayes’ lawyer, Glenn MacKinlay, called the incident “a textbook case of self defense.” He said a charge that Hayes violated the alleged victim’s constitutional rights has already been dropped. “We’re confident that the investigation, when it’s completed, will clear Mr. Hayes of all charges,” MacKinlay said.

The shooting victim, Caleb Gannon, of Newton, was brought to Beth Israel hospital with life threatening injuries, and he remains hospitalized. His father told Newton police officers, according to records, that Gannon is mentally unstable and possibly autistic, and that he has been “hyper-focused” on Hamas and the Israel-Hamas conflict.

At Newton District Court Friday, dozens of people who identified themselves as friends of Hayes defended him, describing him as a military veteran and “a kind person.” ”He stands on his side, he doesn’t cross the line. He doesn’t let other people cross the line. He’s military, he’s fought for our country,” Adina Troen-Krasnow said. Dave Sherman of Needham wore a white shirt and a tie with “Free Scott” written in black marker on strips of white duct tape running across his chest. Sherman said he was standing next to Hayes when he was tackled. He believes Hayes kept him from getting hurt.

CowboyT wrote: Sun Sep 15, 2024 12:40 pm I wonder if this will make national news, or just stay local. If it were to go national and become viral, I'd imagine that plenty of Jewish people--which includes certain heads of large companies with lots of lobbying dollar$--would be concerned. Guess which political Party wants to institute more gun control and make it more difficult for people, including supports of Israel, to carry? Guess which political Party the anti-Israel demonstrators tend to identify with? I wonder if that will have an effect at the ballot box. And that's why I suspect this might not make national news, especially with the election this close.

We'll see.

Alan Dershowitz, a professor emeritus at Harvard Law School, told JNS that there is no question that the man who crossed the street and tackled the pro-Israel rallier committed a crime. “I think the first thing that’s clear is that the person who assaulted the veteran should be arrested as well,” Dershowitz said. “The fact that he hasn’t been arrested raises some serious questions.”

The legal scholar told JNS that the question whether the shooter acted in self-defense “will be determined based on all the evidence.” “The shooting raises questions that require a deep investigation as to precisely when the shot was fired, what the circumstances were, what the feelings and beliefs of the person who shot were,” he said. “That requires an extensive investigation.” Dershowitz told JNS that he is concerned that the alleged shooter was charged before the investigation was complete.

“It seemed to me that the first person to be arrested should have been the person who did the initial assault, because there’s no doubt about that. That’s on videotape. You can see it,” he said. “So the fact that the person was not arrested, charges were not filed against the person making the original charges, raises serious questions about the fairness of the entire process.”

featureless wrote: Fri Sep 13, 2024 10:06 amIf someone charges from across the street and tackles you on concrete isn't "reasonable fear of great bodily harm or death", I'm not sure what is.