Alleged Newton Shooter To Avoid Trial Under Probation “Resolution” With District Attorney

Scott Hayes, the alleged shooter in a violent incident at a pro-Israel protest last fall, will avoid trial and his case will be dropped after three months if he complies with probation conditions, Middlesex District Attorney Marian Ryan said Thursday.

“This resolution is the result of hundreds of hours of in-depth review and analysis by our legal and law enforcement experts,” a joint statement between Ryan and Newton Chief of Police George McMains reads. “It is the appropriate outcome given the facts of this particular case and the state of the evidence.”

In order for his case to be dismissed, Hayes must:

1. Not carry a gun.
2. Complete an online course on civil discourse.
3. Stay away from Gannon, his home, and his family.
4. Stay away from Newton, except for medical appointments or emergency treatment, religious services, or driving through the city to go elsewhere.
5. Apply for jobs, including completing at least three work searches per week.

This follows a March hearing, which came after Hayes said he had struck a “deal” with the district attorney’s office. In X posts, he wrote that this deal would have guaranteed his case would be dismissed after a probation period, but that he had later backed out of it because of the Newton stay-away order. Until now, Hayes was on track to go to trial, charged with assault with a deadly weapon and pleading not guilty, claiming self-defense.

At the run-in on Washington Street in Newton last September, footage shows Caleb Gannon yelling across the street at Hayes and other pro-Israel protestors. Gannon then charged across the street, tackling Hayes. The two wrestled on the ground before Hayes’s gun went off, hitting Gannon. 

Gannon spent more than a month in the hospital after the incident and is charged with one count of assault and battery. His father, Joe Gannon, declined to comment on the deferred dismissal of Hayes’ charges.

Hayes’ legal defense raised over $267,000 through a GoFundMe Page set up on his behalf shortly after the confrontation.

In a statement, Hayes’s lawyer said he was pleased with the outcome of the case.

“This has been a long journey, but we remained confident throughout that the evidence would show Hayes acted in self-defense—and that’s exactly what has happened,” the lawyer, Glenn MacKinlay, said. “We are pleased that the DA’s office and the police departments have agreed to a deferred dismissal. We appreciate the work that went into arriving at this result and bringing this to a conclusion.”