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Bail set at $5,000 for man charged with shooting Palestine supporter in the stomach at Newton rally; also ordered to give up his guns

A Framingham man charged with shooting a man who tackled him at a hostage-release rally in Newtonville yesterday had bail set today at $5,000 cash and was ordered to give up his three guns at his arraignment on a single charge of assault and battery with a dangerous weapon.

Besides setting bail and banning him from owning guns, Newton District Court Judge Jennifer Queally also ordered Scott Hayes, 47, to stay out of the entire city of Newton and ordered him to stay at home between 7 p.m. and 6 a.m. while his case is pending, court records show. To ensure he's obeying the stay-away order and curfew, Queally ordered him to wear a GPS monitor.

Last night, Middlesex County DA Marian Ryan said Hayes would also face a civil-rights charge; however, court records today show only the assault-and-battery charge was filed.

The shot man, 31 and a Newton resident, was conscious and breathing when first responders got to him, but he was taken to the hospital with injuries considered life-threatening. In a statement today, Ryan and acting Newton Police Chief George McMains said he is expected to survive.

According to a video of the incident, the victim ran across the street and lunged at Hayes, knocking him to the ground as others ran to try to separate them. Hayes, an Iraq War veteran, got out a gun and shot the man in the stomach.

Ryan and McMains reported:

The preliminary investigation suggests that, at approximately 6:40 p.m., Scott Hayes, 47 of Framingham, was standing on the corner of Harvard and Washington streets demonstrating with a small group. Another man, identified as a 31-year-old Newton resident, was walking on the other side of the street when he began shouting comments at the demonstrators. A verbal exchange ensued. The Newton man then ran across the street and tackled Hayes to the ground. An altercation followed during which Hayes allegedly shot the Newton man.

Hayes has become a common sight at pro-Israel rallies, where he specializes in trying to get into the faces of Palestine supporters.

"I encourage all of us to be calm, speak civilly, and act respectfully," Mayor Ruthanne Fuller said.

The Jewish Community Relations Council issued a statement about the incident:

Last night, at a small demonstration in support of the October 7 hostages in Newton, MA, there was a violent altercation and an individual was hospitalized. While the details of what happened are still being investigated, there should be no question that violence of any kind in our democratic society is abhorrent. People' s right to gather in civil, non-violent public demonstrations must be sacrosanct.

We welcome and thank Newton Mayor Ruthanne Fuller and Middlesex DA Marian Ryan' s outreach to us at JCRC, and to other community leaders, late last night and their briefing on the investigation — along with steps being taken to reassure the public and our community. While some charges have already been filed, we urge patience as a full investigation unfolds, and we encourage Mayor Fuller and DA Ryan to continue to continue to fully communicate with the public and the community regarding the investigation and the rationale for those charges filed and for any additional charges that may be filed.

We have been in communication with our partners at ADL New England and CJP' s communal security initiative and we are committed to continuing to work with them and all our community partners to ensure the continued full and responsive support of our law enforcement and public safety agencies at this fraught time.

We take this moment to note that over the last eleven months, across our region there have been hundreds, if not thousands, of standouts for the hostages taken on October 7th. These rallies, demonstrations, runs and walks for the victims, a ‘hostage tunnel' exhibit at Boston City Hall Plaza, and other ways in which our community and allies have come together to demand the return of the hostages to their families have all been peaceful and without incident.

Regardless of motive or his role in the initiation of the violence, we pray for the full recovery of the individual who was injured last night.

Innocent, etc.

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Comments

The video makes it clear that the purple-shirt guy who got shot whole-body tackled Hayes. People have died from getting tackled on pavement like that, IMO that makes "deadly force" justified. The video doesn't show it, but it looks like Hayes was carrying concealed and didn't reveal his gun until he was already being assulted: this isn't a Rittenhouse situation where he's using a visible gun to prove how much of a tough guy he is.

If anything, balding white shirt guy, who was not attacked, should be arrested for stomping on purple shirt guy's head.

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Voting closed 88

Why arrest him? Why not wait for the facts on the ground to pan out? Innocent until proven guilty. Was this arrest appeasement and pandering to volatile sentiment?

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Voting closed 71

Until the judge has the facts? or until you, the REAL judge, has the facts?

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Voting closed 30

I’m coming around. I see the point of arresting him, he did fire a weapon.

15:15, 09142024, but it just seems wrong.

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Voting closed 10

That's not how probably cause works.

Also, it really seems like multiple people are posting under the "Frelmont" account, at least some of whom may be using generative AI. If this is indeed the case, you're making this site worse.

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Voting closed 45

Why do you say that? Genuinely curious.

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Voting closed 15

I too am curious. I am aware that at times I write from a place where “behaviour” fits my tone better than behavior. I have liberal and conservative thoughts and I can’t dismiss either out of hand, that’s beyond my education and talents to mistake them for erudite judgements, so I air them and see them more clearly. I try to be a humanist and have only voted for those who claim to be Democrat and so I choose to stand with the general fairness of liberals and not with the “…the cynical ones who say it all ends the same in the long run.” -D.P.A. Mac Manus

https://youtu.be/K-BZIWSI5UQ

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Voting closed 17

No it’s all me. I offer up my thoughts and in so doing exorcise them from my subjectivity.

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Voting closed 12

I offer up my thoughts and in so doing exorcise them from my subjectivity.

I'm not sure exactly what that means, but it sounds like you're doing this for some perceived benefit to yourself. Has it occurred to you that you can use many outlets for self-expression of this sort, such as just writing in a journal, and that the appropriate audience is yourself and not the users of a public forum dedicated to other topics?

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Voting closed 16

I’m coming around. I see the point of arresting him, he did fire a weapon into someone and facts need to be established to some degree of satisfaction for law enforcement.

Still, even though what I’m hearing here is that’s the standard: to arrest people who defend themselves for defending themselves, it just strikes me as patently odd to arrest someone for that.

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Voting closed 16

In MA, consider using a gun as your absolute last resort.

If the gun owner incites the violence through a verbal assault ("fighting words") then he doesn't get to use his gun when the other person is enraged to engage him. The video conveniently cuts out between the initial yelling and the man charging across the street so we have no idea what was said or done then or by whom.

If the gun owner has any opportunity to escape the situation, he has to exercise that first. He made no attempt to de-escalate in the video.

Consider in MA that using your gun against someone in everything but the best/most obvious circumstances almost instantaneously makes you the person in the wrong. And because of that, it's much much easier for an officer to arrest you if you use one at all. AND evidently, after all of that, the DA is choosing to prosecute this guy because you don't get to bail and arraignment if the DA isn't involved.

So, his facts seem to fit a criminal case even if you think the arrest was too much due caution as cops don't sort out the mess, they just clean it up that day.

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Voting closed 37

Return the hostages and Fuck the Hamas terrorists are not fighting words.

Holding a vigil for the hostages in an attic is not an option. You won’t get tackled, but it’s not an option.

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Voting closed 24

The video conveniently cuts out between the initial yelling and the man charging across the street so we have no idea what was said or done then or by whom.

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Voting closed 29

Return the hostages and Fuck the Hamas terrorists are not fighting words.

Cite your source that indicates that those were the words said in this case.

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Voting closed 13

It is not the case.

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Voting closed 12

Aren’t people usually arrested when they shoot someone?

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Voting closed 54

Seems that there’s a very good argument for self-defense. Why is the DA going out of its way to pander to the “pro-Palestinian” (aka Hamas) crowd?

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Voting closed 75

The shooter could have threatened the man who was shot to the point he felt obligated to defend himself.

Since you're not the DA or the police, maybe don't go to bat for a guy who shot someone else?

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Voting closed 26

He defended himself from the other side of the street.

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Voting closed 27

The man who was shot literally charged across a 4 lane street to tackle Hayes. He was very clearly NOT defending himself.

That said, he was unarmed and was immediately set upon by two additional people defending Hayes, so I don't think Hayes will end up entitled to a self defense claim either: you can't escalate a fistfight to a shooting and call it self defense (at least not in this state).

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Voting closed 34

They have to be proven guilty in a court of law.
To be convicted.
Not on the sidewalk.
To be arrested.
Good grief.

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Voting closed 25

indicates this will not be a manslaughter case, the guy shot will survive

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Voting closed 24

If after some guy rushes you and continues to fight three people you aren't allowed to defend yourself?

I'm NO fan of Israel but why was that guy even arrested?

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Voting closed 63

More power to the guy if he can prove it was.

But there are quite a few legal standards that have to be bet.

Including this one from a legal website:

The amount of force used was proportionate to the level of threat and was reasonably necessary for defense.

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Voting closed 34

Let's stop issuing concealed carry permits.

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Voting closed 35

Where can I find the guidelines on bail? I was arrested back in 2005 and the court let me go for $150 because I was starting a new job the following week. (Still at same job and doing well).

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Voting closed 18

If not, that might explain the low bail.

In general, bail is set at whatever is the minimum a judge (or bail magistrate) thinks will be enough to make you show up for your next (or first) court appearance.

And in general, the more serious the crime, the higher your bail will be because you might have more of an incentive to skip out. So in Massachusetts, at any rate, people charged with murder are not given bail because a potential life sentence is just too good an incentive to NOT ever show up again.

Other factors could also include whether you have past convictions (because those could lead to longer sentences, which could make you consider whether it's worth trying to set up a new life in the Caribbean, say) and whether you have any connections to the area (if not, the judge might set bail higher because you have nobody here worth sticking around for).

Learn how bail is set.

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Voting closed 28

Assuming the guy shot survives with no enduring damage like paraplegia, he will be put on probation; the shooting itself being deemed enough warning and punishment for misdemeanor A&B.

Hayes will be offered a plea deal including probation and consequent loss of his license to carry and his guns.

If he rejects that and goes to trial in a bid to be a famous martyr and collect right-wing GoFundMe money, he will say he was easily triggered to be in fear of his life due to his experience in Iraq (his handle includes 11B, which means infantry).

If he's acquitted, he will try to get his guns back even though he told the jury at trial he is easily triggered. Then he will claim discrimination against veterans and collect more GoFundMe money from Israel supporters and gun nuts.

In a way, it's a dream come true for Hayes, who has been bidding for this for years according to his social media profiles.

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Voting closed 49

I don't want anyone falling in shock, but Caleb Gannon, the shooting victim, isn't a big fan of the United States or Zionists.

His twitter account is currently suspended, but someone gathered his greatest hits:

https://x.com/KassyAkiva/status/1834709152964268315

https://x.com/KassyAkiva/status/1834718209758392807

https://x.com/StopChiAntisems/status/1834716679638524362

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Voting closed 32