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Man shot at pro-Israel rally in Newtonville; suspect arrested at scene

Scott Hayes

Newton police and EMTs responded to Washington and Harvard streets in Newtonville after a man was shot in the abdomen at a rally calling for the release of hostages held by Hamas, possibly by a participant he ran across the street to tackle around 6:45 p.m.

The victim, 31, was conscious and breathing when first responders got to him, but he was taken to a local hospital with injuries considered life threatening.

According to one report, nearby people wrestled the gun out of the hands of Scott Hayes of Framingham (pictured).

WHDH reports the victim was across the street when he ran across and tackled Hayes, - who then took out his gun and shot him in the stomach.

Police at the scene arrested Hayes, who has a license to carry, and recovered the gun he allegedly used - one of three he owns.

Hayes is an Iraq War veteran and who has become a frequent participant in pro-Israel rallies, where some participants say he specializes in goading pro-Palestine counter-protesters, to the point where organizers have asked him to knock it off.

The Newton Beacon reports Hayes is scheduled for arraignment tomorrow in Newton District Court on charges of assault and battery with a dangerous weapon and violation of a constitutional right causing injury.

Innocent, etc.

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Comments

A Pro-Palestine imbecile lit himself on fire in front of the Israeli embassy in Boston last night, the anniversary of 9/11. He screamed "Free Palestine" and then lit himself on fire. It's all on the BPD scanner archives. 20:15ish on 9/11.

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On the internet, no one knows you're a psychopath

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People have differing opinions about who suffered the prime injustice in Judea and Samaria. We are the land of liberty with not theoretical freedoms and our first freedom is the freedom of speech. That freedom makes us vulnerable to one of Hamas’s and their paymasters’ aims of attacking our freedoms and dividing our people. Hamas, the Islamic Jihad et al. are labouring for both themselves and for their paymasters: Iran, the Arab States, Russia, China and others who are realizing great return on their investments. Again, there are competing injustices and actors playing on our base and higher differences, contests and schemes. I’m not a fan of lowering the flag to half mast for average citizens. Lower it for Memorial Day, the Passing of a high Constitutional officer, but since we do lower the flag to mark small passings it was very telling that the Biden-Harris administration did not lower it for the Americans murdered on 10/7 and this speaks to the politicization of our national symbols and represents a waypoint on the slippery slope of demeaning and surrendering our humanistic values for transactional politics. We’re not perfect, but our freedoms are an existential threat to repressive regimes. Sure, we’ve done wrong, but we’re a people rooted in justice, freedom, and liberty and we will hold open the space of freedom for as long as possible. And, may the day not come, where like Porthos, we can bear the load no longer.

That is a dead giveaway of where you're coming from... and it's not a good place!

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Defending yourself is a violation of a constitutional right causing injury now? Is this the same US Constitution that was ratified in 1788?

When was it amended to allow tackling people you don't agree with at a protest?

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Trump their first amendment rights.

You can only use deadly force in self-defense if confronted with potentially deadly force, which a fist fight or wrestling match usually isn't.

That's the jury instruction, anyways. The jury will sort it out.

The "violating Constitutional rights" charge seems erroneous.

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Good point @deselby.

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After seeing the videos, I'll add that the guy who was shot should be charged with A&B and violating Constitutional rights if he survives.

The shooter might be excused or acquitted, but should lose his license to carry.

He's too much of a shit-stirrer. He has a lot of time on his hands, wonder if he's getting disability.

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I’m pretty sure there’s no expectation in the law to take a beating.

before resorting to deadly force

This is the Massachusetts model jury instruction on use of deadly force:

If the defendant (used deadly force, which is force intended or likely
to cause death or great bodily harm) (or) (used a dangerous weapon in a
manner intended or likely to cause death or great bodily harm), the
Commonwealth must prove one of the following three things beyond a reasonable doubt:

First, that the defendant did not reasonably and actually believe that
he (she) was in immediate danger of great bodily harm or death; or

Second, that the defendant did not do everything reasonable in the
circumstances to avoid physical combat before resorting to force; or

Third, that the defendant used more force to defend himself (herself)
than was reasonably necessary in the circumstances.

This case falls within the (First) and (Third) issues. The guy rushed him before he could avoid combat, so (Second) does not apply. The other protesters immediately intervening to protect him and "break it up" are also relevant.

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No, but there is a duty to retreat

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There’s not a duty to retreat all cases. The First Amendment ain’t worth a damn if that were so.

"A person cannot lawfully act in self-defense unless he or she has exhausted all other reasonable alternatives before resorting to force. A person may use physical force in self-defense only if he (she) could not get out of the situation in some other way that was available and reasonable at the time. The Commonwealth may prove the defendant did not act in self-defense by proving beyond a reasonable doubt that the defendant resorted to force without
using avenues of escape that were reasonably available and which would not have exposed the defendant to further danger."

If you are just being punched and your first response is to pull out a gun and gut shot someone, you did not in any way attempt exhaust all reasonable alternatives.

The law is very clear, and the state Supreme Court has upheld this expectation when outside of your household. It actually applies to a certain extent when in your household as well.

You may not like it, but the law is the law. Move 30 miles North to Florida if you want to stand your ground

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because he was tackled to the ground.

The issues are whether the use of the gun was justified when there were several other guys around to pull the assailant off him within seconds.

I don't think so. Up to a jury, unless the guy survives ok, which I hope, and Hayes pleas out.

In any event Hayes should lose his license to carry - he's a nut.

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...on earth does the First Amendment have to do with the duty to retreat, counselor?

If violence trumps The First Amendment- forces speech into retreat then there really isn’t a First Amendment is there?

It does to a degree bother me that kicking someone is assault with a deadly weapon when punching is not.

So, if the guy kicked him while they were scuffling its deadly force.

Defending yourself from a tackle needs a gun?

How do women go about not shooting men every day? We have to defend ourselves, all day, every day.

Food for thought - maybe we aren't the weaker hysterical sex.

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Wait. He was arrested for shooting his assailant?

“Let the Newton police do the work and get the facts straight,” she [Newton Mayor Ruthanne Fuller] later added.

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going to a protest and goading counter protestors into a confrontation... and then shooting them is not self defense. the guy who got shot has culpability here, but not seemingly as much as the shooter himself.

it is the tactic that those morons in NSC and westboro baptist use to base lawsuits around to fund their cause. only in their cases, they are usually disciplined enough to not actually fight back.

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Being Jewish is goading? Flaunting Jewish pride is goading? Critical speech is goading?

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Hayes is an Irish surname. Certainly possible he's Jewish, but there's no evidence in the story of that, so a pretty bad assumption to make.
Edit: finally looked at the twitter thread with the video posted above. He is definitively NOT Jewish:

Some things to clarify: the veteran is not Jewish. Just a pro-Israel American who often goes to protests carrying American and Israeli flags, according to his fellow protesters.

I'd also take issue with calling public demonstration in favor of Israel "flaunting Jewish pride." Israeli and Jewish are not the same thing and conflating the two (and by extension implying the trope that American Jews are the servants of two masters) is anti-semitic.

Also, while protest isn't inherently goading, it sure sounds like he was going out of his way to be antagonistic, even according to his fellow Pro-Israel protestors:

some participants say he specializes in goading pro-Palestine counter-protesters, to the point where organizers have asked him to knock it off.

Were I to guess (and this is purely a guess: I don't know) I'd bet on Hayes being a right wing extremist/accelerationist who's opportunistically using this issue to foment unrest.

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I’m imagining Hayes’s assailant was not feeling the vibe of the vigil. And, yeah I wouldn’t be surprised if either he wasn’t Jewish, or he made other attendees uncomfortable by being outspoken whether, or not he crossed the line. Terrorism is effective. Since 15/1/7 we’ve began engaging in self-censorship from the EU westward. I personally wouldn’t burn a flag, or a book, but from time to time it is incumbent upon free people to validate our freedoms burn a flag, or burn a book (hopefully not a rare one) fascists, tyrants and totalitarians be damned. All the more reason to never be silent. I have lived on the area for over thirty years and I may have only seen a kippah literally fewer than five times on the T (adjusting for regulars).

Oh, so stand your ground is accepted in Massachusetts now?

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I'm not sure where you got the "wrestled the gun out of the hands of Scott Hayes" when the video of the incident clearly shows him placing he gun down on the ground after he fired. You also didn't mentioned that Hayes then provided medical assistance to the man who charged at him.

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I'll be back in six hours, with popcorn.

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Dude runs across four lanes of traffic and tackles someone, "but he was goaded".

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It's not hard to figure out what someone is hoping to do when they bring a deadly weapon to a demonstration.

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The purpose of the Second Amendment was to provide for the common defense (compare Article XVII of Part the First in the Constitution of the Commonwealth of Massachusetts); hence the "well regulated Militia" that was supposed to take the place of a standing army.

This was a bad idea even in 1787. The same colonial militia that drove the British out of Boston in 1776 were quickly defeated by the British just a few months later in New York and driven clear across New Jersey. It was only geography that had allowed them to oust the British from Boston, and the subsequent course of the war demonstrated that only a professionally trained army can win a major war against another such.

Screw the Second Amendment, and screw the corrupt so-called Justices who value an asshole's right to carry a gun over our right to live in safe neighborhoods.

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Rittenhouse was part of a quasi-vigilante mob taking law into their own hands, running wild and and open-carrying, which can be a form of incitement and quite threatening in that particular milieu. A peaceful call for the release of hostages is not cause to forgo concealed carry and speech should trigger no one into committing assault. Suppose the concealed-carry victim had spinal stenosis, or any condition including old age, are people supposed to let any violent attack just play out? Bottom line: be civil and don’t attack people for speaking freely.

The guy with the gun was not part of the "peaceful call for the release of hostages". He was standing elsewhere and trying to antagonize those participating in the peaceful call for etc.

concealed-Suppose the concealed-carry victim

Who is this, exactly? The guy who was shot, or the guy with the gun?

had spinal stenosis, or any condition including old age, are people supposed to let any violent attack just play out?

They didn't. That has already been explained.

Bottom line: be civil and don’t attack people for speaking freely.

Please explain just who or what you're talking about.

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Wait. Who was he trying to “antagonize?” Hamas’s useful idiots, or the hostage sympathizers? I really should watch the video, but I need to steel myself against this real video of violence. I trust that I read things correctly. My little horse does think it queer that the police arrested first and are asking questions later.

I walked past the pro-Israel group at Washington and Harvard, at about 5 p.m., on my way to Star Market. Lots of cars were honking their horns. I'm on their side, but admittedly was worried something might happen.

I thought the protest was calling for a release of the hostages held by Hamas. The shooter apparently took exception to this, to the point of goading one of the protesters into attacking him. He is allegedly and soi-disant "pro-Israel"; one can only speculate what his beef with the protest was.

The shooter was a part of the protest.

The other guy objected to the protest and "words" and rushed across the street and tackled him like a defensive linesman going after the q-back.

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A paid detail if necessary.

That man was very aggressive and capable of seriously hurting the man who used his gun in self defense. Nothing to do with politics, ideology, or even the Israel/Gaza/Palestine war.

Hayes looks like he was eager for a moment to use his gun, he posted a 'warning' about it here:
https://x.com/ScottHayes11b/status/1792321507542327794

Lots of examples of him showing up at rallies to instigate too:
https://x.com/ScottHayes11b/status/1814845238147531118

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Adam, "a rally calling for the release of hostages held by Hamas" is not a pro-Israel rally.

Sure, many rally-goers may believe both are good (and maybe this rally had both), but they're not interchangeable and seemingly treating them like synonyms isn't helpful.

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