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NEWTON, MASS. (WHDH) - A demonstrator accused of shooting a man who allegedly tackled him at a pro-Israel protest in Newton faced a judge on Friday, pleading not guilty.
Scott Hayes, 47, of Framingham was charged with assault and battery with a dangerous weapon. After a morning of delays, Hayes appeared in court near 3 p.m.
A judge set Hayes’ cash bail at $5,000.
Officials in court documents identified the man who was shot as Caleb Gannon. In an update near 4 p.m. Friday, the Middlesex DA’s office, said Gannon, 31, of Newton was receiving treatment at a hospital and is expected to survive his injuries.
The DA’s office said police also applied for a criminal complaint charging Gannon with assault and battery. Under state law, the DA’s office said Gannon will be summonsed to court for a hearing to determine whether probable cause exists.
The shooting happened on Thursday near 6:40 p.m. at the intersection of Washington Street and Harvard Street.
Speaking at Newton Police Headquarters Thursday night, Middlesex District Attorney Marian Ryan said a group of pro-Israel protesters had gathered in the area when Gannon, who was on the other side of the street, started shouting at them.
Ryan said Gannon stepped into the road multiple times. After both sides continued to exchange words, Ryan said Gannon “came very rapidly across the street” and tackled Hayes, who was part of the pro-Israel group. A scuffle ensued and Ryan said Hayes shot Gannon.
Ryan said Hayes legally possessed the gun he used in this incident.
In addition his the assault and battery with a dangerous weapon charge, Ryan on Thursday said Hayes was also arrested on the charge of violation of a constitutional right causing injury. By the time he was arraigned, prosecutors had dropped that charge.
Crowd gathers early outside Newton District Court
Hours before Hayes’ arraignment, supporters and people interested in the case were already gathered outside Newton District Court.
By 12 p.m., the courtroom was full of people interested in seeing the proceedings.
“I do not think he should have been arrested and I think every minute that he’s in handcuffs or otherwise in custody is an injustice,” said David Sherman, who witnessed the shooting.
“All of a sudden, he was running at Scott, fists up in the air ready to fight and tackled him,” Sherman said, describing the moment Gannon allegedly ran across Washington Street.
Sherman said he and several other people worked to pull Gannon off Hayes.
“It was after we managed to get the guy off of Scott that we saw there was a wound and started treating it,” he said.
Sources said Gannon was shot in the stomach.
Supporters of Hayes said the shooting was an instance of self defense.
“Even if you disagree with us, you don’t have the right to hurt us,” said one of Hayes’ friends, Aia Polansky.
Mayor urges community to ‘remain calm’
With questions still unanswered, Newton Mayor Ruthanne Fuller, Ryan, and Newton Acting Police Chief George McMains on Thursday night emphasized the investigation was still in its early stages.
McMains asked anyone with video of the incident to share their video with investigators.
Fuller urged community members to “remain calm.”
“Let the Newton police do the work and get the facts straight,” she said.
ADL New England in a post on X early Friday morning said it was aware of the shooting.
“Reports that charges were immediately filed prior to completion of the investigation are concerning,” the ADL said.
“Protests should not subject anyone to violence,” the ADL continued. “We encourage Newton Police and the Middlesex District Attorney to conduct a thorough investigation of the entire incident.”
The ADL said it is “concerned about escalating tensions” and remains in contact with law enforcement and community officials.
US Rep. Jake Auchincloss, who served as a Newton city councilor before representing Newton in Congress, on Thursday night said “Violence in political discourse is never acceptable.”
“I appreciate the rapid response by law enforcement & EMTs to the scene and remain in contact with local officials,” Auchincloss said on X. “I look forward to a thorough investigation of this incident by [Newton police] & [District Attorney Ryan].”
A GoFundMe in support of Hayes had raised more than $124,000 by 3:15 p.m.
Hayes posted bail soon after his arraignment. Now released from custody, Hayes will need to wear a GPS monitor and abide by a series of restrictions, including a curfew.
Hayes’ attorney said after the arraignment that he believes his client will be acquitted.
“This is a textbook case of self defense,” said Glenn MacKinlay, Hayes’ attorney. “We’re confident that the investigation, when it’s completed, will clear Mr. Hayes of all charges.”
Hayes will need to stay away from Newton and will be barred from possessing any weapons.
He is due back in court on Nov. 7.
This is a developing story; stay with 7NEWS on-air and online for the latest updates.
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