The man who was shot after he allegedly tackled a demonstrator at a pro-Israel rally in Newton, Massachusetts, earlier this year appeared in court Monday to face an assault and battery charge.
Caleb Gannon, 32, of Newton, was released on personal recognizance bail following his arraignment Monday in Newton District Court. He was also ordered to stay away from the victim, Scott Hayes, and is now scheduled to return to court for a pretrial hearing on Feb. 3, 2025.
Hayes, 47, of Framingham, has also been charged with assault and battery in connection with the September incident for shooting Gannon in the stomach during their scuffle. He has pleaded not guilty and is claiming self-defense. He has been free on $5,000 bail since his arraignment on Sept. 13.
Gannon's defense lawyer said his client spent nearly 38 days in the hospital and nearly died from his injuries. He said Gannon, who appeared in court holding a cane, will be "forever incapacitated and compromised" as a result of the incident.
Prosecutors had requested $5,000 cash bail and a 7 p.m. to 6 a.m. curfew supported by a GPS monitor, but a judge ultimately ruled in favor of the defense's request for personal recognizance bail.
Gannon's lawyer said his client was a lifelong Massachusetts resident with no criminal record, and as the charge against him wouldn't likely result in jail time he is unlikely to flee.
In court Monday, prosecutors outlined the charges against Gannon, saying he "verbally antagonized" a group of people who were expressing their right to peacefully demonstrate in Newton and then charged across a busy street, attacking Hayes. They said it appears Gannon might have anger control and mental health issues.
They said the incident was captured on surveillance video, showing Gannon and Hayes yelling at each other from opposite sides of Washington Street and then Gannon crossing the street, even after Hayes told him he had a gun. They said the video showed Gannon charging across the street, jumping into the air and tackling Hayes.
"The defendant had one arm around Hayes' neck and the other hand in Hayes' face," the prosecutor said. "During the struggle, Hayes removed his firearm from his waist and shot the defendant in the abdomen."
After shooting Gannon, prosecutors said Hayes provided aid to the injured man.
The incident has inflamed tensions locally, with some pro-Israeli groups even calling for a travel and business boycott of Newton and Middlesex County until the charges against Hayes are dropped.
A group of Gannon's supporters were in court Monday, which they described as a message about nonviolence.
"We are people who don't want to see this violence in our community or in Palestine or in Israel or in Lebanon or in Syria," said Nathan Foster, a Newton resident.
Susan Etscovitz, of Brookline, said that "everything that Israel, the Israeli government, is doing right now is against my beliefs, my upbringing, my soul, my heart."
