Pretrial hearing postponed for alleged Newton shooter; protestors respond

The following story first appeared on The Heights, an independent, nonprofit newspaper run by Boston College students, with which the Newton Beacon has formed a partnership. Stories produced by The Heights have been written and edited by The Heights.

Opponents and supporters of Scott Hayes, the alleged shooter in a violent encounter at a pro-Israel protest in September, demonstrated at his scheduled pretrial hearing late last week.

Inside the courtroom, a judge postponed the pretrial hearing, where the defense and prosecution would have presented the facts relevant to the case.

The judge granted the rescheduling because both the prosecution and defense had agreed they would need more time for discovery of evidence before they presented it to the court, according to the prosecutor Laura Miller.

Hayes pleaded not guilty to charges of assault and battery with a dangerous weapon, according to his lawyer’s testimony at his arraignment.

This follows an incident in September when Caleb Gannon, a Jewish Newton resident, charged across the street at a pro-Israel rally and tackled Hayes, who had his back turned, as shown in video footage.

Hayes and the other protestors struggled to restrain Gannon, before Gannon was shot.

Hayes, who is a resident of Framingham and not Jewish, had been carrying the gun and legally owned it.

Protestors clad in all-black outfits and Palestinian flag stickers picketed outside the Newton District Court during the hearing Thursday morning.

Jill Charney, a member of Sawa, a pro-Palestine group, said she was demonstrating because she wants Hayes to be held accountable for his alleged crime. 

“The media basically portrays him as a victim, when in fact, Scott Hayes has been coming to demonstrations and actions for the last at least six months, intimidating verbally, [and] with his body language,” Charney said.

Charney said she and other members of Sawa have experienced Hayes intimidating them or trying to escalate arguments with them at previous protests. 

“He’s a really big man,” Charney said. “And he says really nasty, vile, harmful words and with his body language, with this flag he brings, you know, the Israeli and American flags. He’s a very antagonistic, big bully.”

Charney said Hayes posted a now-deleted photo of her on his X account after an encounter at a rally, with a caption that called her a “rabid, self-hating Jew.”

Alla Kazakevich, a Newton resident who said her husband has protested alongside Hayes, said that Hayes tried to dampen aggression at the many protests he attended.

“He always tried to calm down aggressiveness and say, ‘Guys we’re here to support our country and Israel. Don’t pay attention to these lunatics on the other side,’” Kazakevich said.

One Needham resident who attended the trial, Yelena Kagan, said she thought the Palestinian demonstrators were irrational.

“They are mentally ill people,” Kagan said. 

An LED advertising van parked in front of the courthouse, displaying an ad that called for District Attorney Marian Ryan to drop the charges against Hayes.

“Is Self Defense Illegal in Middlesex County???” the van read. “Scott Hayes, a war veteran and a victim of a vicious attack, was arrested in Newton for defending himself. Drop all charges now. Shame on DA Ryan.”

The screen showed that Betar USA, a national affiliate of the global Zionist organization, sponsored the message.

The group has called for a boycott of Newton and its businesses until charges against Hayes are dropped.

“Until the county of Middlesex demonstrates that victims can legally defend themselves by dropping these charges, we cannot in good conscience recommend visiting, or supporting this county,” Ross Glick, the director of Betar USA, wrote in a press release Tuesday.

Local organizations, including the Charles River Regional Chamber and the Anti-Defamation League New England, denounced the boycott in September. 

Kagan said she agrees that Hayes shouldn’t face charges.

“The charges absolutely should be dropped,” Kagan said. “He was attacked. [Gannon] endangered his life.”