Massachusetts Man Still Facing Charges for Shooting Attacker

It’s been almost six months since Scott Hayes was arrested on charges of assault and battery with a dangerous weapon after shooting a man who attacked him at a pro-Israel rally in the Boston suburb of Newton, and the Middlesex County District Attorney isn’t backing off of Hayes’s prosecution. 

Both Hayes and Caleb Gannon, the man who attacked Hayes, are facing criminal charges in the incident. As the Daily Wire reports, while some discussions on a plea deal have taken place, Hayes is balking over one of the conditions proposed by prosecutors. 

“I am demanding a trial because the district attorney’s office continues to miss deadlines, go back on agreements, and play with my life,” Hayes said. “If they think they have a strong case — which they don’t — I’ll see you in court.”

Hayes, who lost his job over the incident, spent the last few months working out terms with the office of Middlesex County District Attorney Marian Ryan. According to Hayes, Ryan’s office and Hayes’ legal team worked out terms for a “pretrial probation” (PTB) with no admission of liability, which would suspend Hayes’ license to carry during the period and require him to complete a de-escalation course and stay away from Gannon.

The point of contention is whether Hayes should stay out of Newton, the town where Gannon resides. Hayes believes that the condition is unnecessary, and that he should not have to stay out of the major Boston suburb, where he has many friends. The two sides were supposed to argue to a judge on Tuesday, until Hayes’ lawyer was informed that the DA’s office cancelled the hearing.

When Hayes was first released on bond after his arrest a judge did impose a ban on him traveling to Newton, but after his GPS monitoring device pinged authorities when Hayes had to cross the city limits for things visiting his doctor, the judge rescinded that order and (as well as the GPS monitoring) and allowed him to travel unimpeded through the Commonwealth. Hayes argues that it’s unreasonable for prosecutors to demand that prohibition be reinstated, and I’d say he’s got a valid point. 

Hayes is now due in court on March 20, and if the Middlesex County District Attorney has any sense whatsoever they’ll drop their demand that Hayes stay out of Newton and allow him to enter the pretrial probation program without any new strings attached. The D.A. is going to have a difficult time convincing a jury that Hayes wasn’t acting in lawful self-defense when he shot Gannon, given that the armed citizen was engaged in a lawful exercise of his First Amendment rights when Gannon rushed across the street and tackled Hayes, sending him to the ground. 

Both Gannon and Hayes are facing charges, but Hayes says he acted in self defense. In Massachusetts, however, the law states you have a “duty to retreat” if possible.

“Before using any force in a situation, you’re required by law to exhaust all opportunities to leave the area,” said Hayes.

When asked if he feels as if he did that, Hayes responded, “I was slammed to the concrete with my head sustaining a concussion and placed in a choke hold. I don’t think I had any options to retreat at the time.”

Hayes was bailed out by his supporters following the incident.

He says he had surgery to fix a herniated disc in his neck and suffered mobility issues because his pectoral muscle was torn. He also lost his job.

“I’ve tried for other jobs. I’ve gone on interviews and this day and age everyone googles someone when they come across something so the first thing they find when they google me is this incident,” said Hayes.

It’s awfully hard to retreat when you’re sprawled on the pavement, reeling from a concussion, and trapped in a choke hold. Even in a state as hostile to the Second Amendment (and the right of self-defense) as Massachusetts, it’s going to be pretty easy for Hayes’s attorney to argue that his client had a reasonable belief of further injury and was acting in lawful self-defense when he shot his attacker. 

It’s a joke that Hayes was ever charged in the first place, and while he’s ready to go to trial to proclaim his innocence, I wouldn’t blame him for taking a deal that would essentially wipe away all charges and allow him to carry again once he’s gone through the state-imposed cooling off period. If the prosecution’s conditions render that deal untenable, though, I also don’t blame Hayes for choosing to fight in court… and I suspect his odds of acquittal are far better than a conviction.