NEWTON, MASS. (WHDH) - A new court filing Thursday revealed the man accused of shooting another man at a Newton pro-Israel rally plans to claim self-defense.
Scott Hayes, of Framingham, appeared before a Newton District Court Judge this week with a bandage on his neck. He told 7News he had to have surgery after he was attacked at the rally in September.
Cell phone video captured the incident, showing Caleb Gannon run across the street toward Hayes, a pro-Israel demonstrator. Hayes was carrying a gun that went off.
Hayes is facing charges in connection with the incident, and now new paperwork filed in the case reveals Hayes plans to claim that he was defending himself from Gannon.
Court documents explain that when Gannon became enraged at the rally-goers, Hayes stepped onto the street with his hand on his gun.
“Hayes did not brandish or even remove his gun from his holster, yet Gannon knew that Hayes had a gun, shouting ‘Are you carrying a (EXPLETIVE) gun?’ Hayes acknowledged that he did have a gun,” his lawyers claim.
The video shows Hayes hit the pavement.
“Gannon had his right arm around Hayes’ neck, choking him as Gannon pinned him to the pavement. At the same time, Gannon used his left hand to reach for Hayes’ gun, which was still located in the holster on Hayes’ waistband, exactly where Gannon had seen it moments before he attacked. Gannon kept reaching for the gun and appeared to grab it when Hayes managed to un-holster the gun and fire a single shot,” Hayes’ lawyers wrote.
Hayes said he did call 911 before he was attacked. Police arrived after the gun was fired.
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