Veteran To Avoid Trial After Shooting Anti-Israel Attacker Who Tackled Him During Protest

Scott Hayes, 48, will likely avoid trial after shooting an anti-Israel man who tackled him last September during a protest in Newton, Massachusetts.

Hayes was charged with assault and battery with a dangerous weapon and released on a $5,000 bail last year after he shot Caleb Gannon, a man wearing a pro-Palestinian pin, who allegedly charged through traffic and attacked Hayes. Hayes pleaded not guilty and said shooting Gannon in the stomach was an act of self-defense.

A judge ordered that Hayes will not go to trial for the charges of assault and battery if he completes a probationary period that was agreed upon by Hayes’s lawyer and the district attorney’s office.

The conditions of the probationary period will remain in effect until September 13 — the day after the anniversary of the incident — and require Hayes to stay out of Newton, except for attending religious services, medical appointments, or passing through the city while traveling elsewhere. He is also prohibited from contacting Gannon, must complete an online course on civil discourse, and will have his license to carry a firearm suspended until that date.

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Another condition requires Hayes to seek and apply for employment, including at least three job searches a week. After the incident, the Iraq War veteran lost his job conducting natural gas leak detection, surveys, and inspections for a company contracted by National Grid, one of Massachusetts’ largest utility providers.

If Hayes violates the conditions, he will go to trial.

In March, Hayes said the office of Middlesex County District Attorney Marian Ryan backed out of finalizing a disposition to resolve the case outside of court after both sides disagreed on the terms of the pretrial probation. The main point of contention was whether Hayes should be barred from entering Newton — a city he has been free to visit since October, when a judge lifted his ankle monitor requirement and restrictions on entering the suburb where Gannon lives.

“Today’s agreement was the second best option,” Hayes told The Daily Wire. “The first would have been a full dismissal of the charges immediately but the DA played politics with my case instead of following the law. The Commonwealth brought a very weak case to the table that in most states wouldn’t have made it this far along the process.”

Hayes said that Ryan’s case relied on two of his social media posts from 6 months before the incident.

“I know what I did on 9/12/24 was right,” Hayes said. “I have no regrets for my actions that day as it saved my friends’ lives. My attacker was actively trying to take my firearm from me and I am sure he would have committed murder if he had succeeded.”

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Ryan’s office said the 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 the evidence,” the office added.

In a video obtained by The Daily Wire, Gannon is seen yelling at the pro-Israel protesters Hayes was with at a busy Newton intersection and accusing them of “supporting genocide.” He then began to charge across the street until Hayes stepped onto the street with his hand on his waistband, where his lawfully possessed firearm was secured in a holster under his shirt, according to a motion filed by Hayes’ attorney.

BREAKING: Anti-Israel man shot in stomach after charging through traffic to tackle a man at a pro-Israel demonstration outside Boston in Newton, Massachusetts.

Footage obtained exclusively by @KassyAkiva: pic.twitter.com/nsGN3MQVAO

— Daily Wire (@realDailyWire) September 13, 2024

“Hayes did not brandish or even remove his gun from this holster, yet Gannon knew that Hayes had a gun, shouting ‘Are you carrying a f***ing gun?” a court document reads. “Hayes acknowledged that he did have a gun.”

Gannon backed away while making obscene gestures, while Hayes started to dial 911 on his phone. This is when Gannon rushed through traffic and tackled Hayes, as caught on video.

According to the documents, Hayes was face down on the sidewalk while Gannon was on top of him and choking him with his right arm, while trying to reach for Hayes’ gun with his left. Hayes then unholstered his gun and fired one shot at Gannon’s midsection. The documents go on to claim that Gannon still tried to grab Hayes’ gun after being shot and at one point “was able to turn the gun barrel toward Hayes’ face.”

In another video immediately after the incident, Hayes used his military training to give first aid to Gannon while telling bystanders to call 911.

In another video, the man who fired the gun is seen providing medical care to the man who tackled him before first responders arrived. pic.twitter.com/wMtoowakr9

— Daily Wire (@realDailyWire) September 13, 2024

Supporters of Hayes raised over $267,000 on GoFundMe to help him with legal fees and the fallout of the incident.

Gannon, 31, was charged in Newton District Court in December and pleaded not guilty to the charge of assault and battery. He was allowed to go free on personal recognizance. According to his lawyer, he spent 38 days in the hospital and nearly died from his injuries.

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He has a history of inflammatory social media posts where he advocated for the destruction of the United States, refused to denounce Hamas, and labeled murdered American hostage Hersh Goldberg-Polin as a terrorist who “got what he deserved.”

Caleb Gannon, the man who tackled Scott Hayes and was shot, has a X history of calling for the destruction of America and says he does not condemn Hamas. pic.twitter.com/t11GcY5eFv

— Kassy Akiva (@KassyAkiva) September 13, 2024

“I don’t condemn Hamas. I condemn my family,” Gannon wrote in one post about the terrorist group that killed, raped, or took hostage over 1,000 citizens from Israel on October 7.

Gannon’s father told the police that his son is mentally unstable and possibly autistic after the incident, The Boston Globe reported.

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Though not Jewish, Hayes says he believes it is important to use his voice to call for the release of the 101 hostages held by Hamas in Gaza and to stand up to antisemitism in the United States.

“If my life has to be ruined for trying to help the Jewish people to survive, then that’s the price,” he told The Daily Wire. “It’s a much bigger issue than me. What happened to me brought a lot of local Jewish people together and got them out and active because of the reality of what’s happening.”