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Shooting victim who tackled demonstrator at pro-Israel rally in Newton to avoid trial

Caleb Gannon, scuffle at pro-Israel rally in Newton (Man seen yelling at demonstrators before charging across street. Courtesy Daily Wire/Kassy Akiva)

NEWTON, Mass. — A pro-Palestine man who tackled a demonstrator at a pro-Israel rally in Newton last year, and who was subsequently shot by that demonstrator, has been placed on pre-trial probation.

Caleb Gannon, 32, was charged with assault and battery in December, months after the Sept. 12, 2024 incident near the corner of Harvard and Washington streets.

Cell phone video captured Gannon yelling at demonstrators, then running across the street and tackling Iraq War veteran Scott Hayes, who was legally carrying a gun.

The video shows Gannon, wearing a Palestinian flag pin, standing on the sidewalk and yelling at demonstrators from across the street.

“You’re sick! You’re sick,” shouted to pro-Israel demonstrators.

“You are defending genocide. Over 200,000 Palestinians,” Gannon said in the video.

The video then shows Gannon running across the street and lunging at Hayes, knocking Hayes to the ground.

“No! No!” A woman screamed before the two men got into a scuffle on the ground, with Gannon holding Hayes in a tight headlock.

A gunshot is heard. “No! No! Oh my God!” the woman screamed. The two men continued wrestling, and two other demonstrators tried to separate the two.

“Grab my pistol. Grab my pistol,” a voice, believed to be that of Hayes, is heard in the video.

Hayes, who urged people to get off of Gannon, then rendered first aid to Gannon before emergency responders arrived.

Hayes, 47, of Framingham, was charged with assault and battery with a dangerous weapon immediately following the incident.

Hayes was placed on a similar pre-trial probation earlier this month.

Gannon and Hayes will both avoid prosecution if they comply with probationary conditions and avoid any other trouble for the next few months, according to Middlesex District Attorney Marian Ryan and Newton District Court.

Conditions that Gannon must comply with include to complete an appropriate online course addressing civil discourse; to stay away from and have no contact with the victim, his family or their residence; and to comply with mental health evaluation and treatment and/or continue with current mental health counseling.

If Gannon abides by the probationary conditions, his case will be dismissed in September, Ryan said Thursday.

Hayes’ license to carry a firearm remains suspended during the pretrial probationary period.

Similar conditions that Hayes must comply with include to stay away from the victim; to complete an appropriate online course addressing civil discourse; and stay out of the city of Newton except for medical appointments at Newton Wellesley Hospital, to visit houses of worship or to drive through Newton to other destinations.

Should Gannon or Hayes violate the conditions, their cases will be scheduled for trial, according to the court.

This is a developing story. Check back for updates as more information becomes available.

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