Newton Shooting Victim Expected To Survive, Charged With Assault: DA

NEWTON, MA — A 31-year-old Newton man who was shot when he charged and tackled a Framingham man at a pro-Israel demonstration on Washington Street Thursday night is expected to survive his gunshot wound and will be also charged with assault and battery.

Middlesex District Attorney Marian Ryan said Friday afternoon that "as the result of the continuing investigation into this matter," Newton police on Friday applied for a criminal complaint against the man, who was not identified by name.

• Framingham Man Charged In Newton Shooting At Pro-Israel Demonstration

"An assault and battery that does not occur in the presence of a police officer is not an arrestable
offense," Ryan said. "(Massachusetts state law) requires that a summons be issued. The person charged is then entitled to a hearing before the Clerk Magistrate to determine whether probable cause exists."

The Newton man's injuries were described as life-threatening on Thursday night but Ryan said on Friday "he is now expected to survive his injuries."

Scott Hayes, 47, of Framingham was part of the demonstration, identified as the man tackled, and was the person accused of shooting the Newton man in the struggle that ensued.

Ryan said on Friday that Hayes was arraigned in Newton District Court on the charge of assault and battery with a dangerous weapon with bail set at $50,000/$5,000 cash with the condition that he abide by a daily curfew of home confinement between 7 p.m. and 6 a.m.

"He was also ordered to stay away from and have no contact with the injured party, to stay away from the city of Newton, and to not possess any dangerous weapons," Ryan said. "His license to carry has also been suspended."

The next court date is set for Nov. 7

"I am grateful to the Newton Police for their professionalism and skill and for the excellent medical services provided by (the Newton Fire Department) and Coastal (Ambulance)," Newton Mayor Ruthanne Fuller said. "I am equally grateful for the careful decision-making of District Attorney Ryan.

"I encourage all of us to be calm, speak civilly, and act respectfully."