The man shot after tackling a pro-Israel demonstrator in Newton, Massachusetts, Thursday evening is expected to survive, authorities said Friday, soon after the alleged shooter faced a judge.
Investigators are still gathering information on what happened at the intersection of Washington and Harvard streets, including watching video of the incident, Middlesex District Attorney Marian Ryan and Acting Newton Chief of Police George McMains said in a statement Friday afternoon.
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They revealed that the person who was injured, a 31-year-old from Newton who otherwise was not identified, is now expected to survive. They had previously said his injuries were life-threatening.
Prosecutors said that man will also be facing an assault and battery charge.
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Few details have been shared by authorities about the altercation that preceded the shooting, including in Newton District Court earlier Friday, where Scott Hayes of Framingham appeared to face a charge of assault and battery with a dangerous weapon. A not guilty plea was entered on his behalf.
Hayes spoke briefly as the judge and lawyers discussed the conditions of his $5,000 bail, which they said he would meet, and his lawyer told the judge, as part of discussions on the conditions of his release, that he's a full-time contractor.
Hayes answered a question from the judge about how often he attends religious services — lawyers had been seeking that he be ordered to stay at home except for attending religious events along with work, legal appointments and medical visits. The man said he attends weekend services "sporadically" and noted it was "fine if it's excluded" from the judge's ruling, but the judge ultimately set a curfew instead, from 7 p.m. to 6 a.m. She also ordered him to stay away from the victim and Newton, except for its highways, and possess no weapons.
Hayes is due back in court Nov. 7. It's unclear whether Hayes will claim self-defense.
Cellphone video shows a man yelling at a group of pro-Israeli demonstrators, who were peacefully protesting across the street from him. That man, who's not part of the protest, is seen crossing the street and tackling one of the demonstrators.
Investigators said that's when that Hayes, 47, shot the man who tackled him.
Witnesses said it was a surreal scene.
"If it is the way we think it happened, that they were attacked, it's just one more proof of the problematic ways of those antisemitic and anti-Israeli way of action," witness Shaul Brechman said.
"I hope that whatever unfolded here that everyone's OK and it's daunting to see. It's too — honestly, it's really too bad. I just hope everyone's OK," witness Sam O'Brien said.
Ryan said late Thursday there was still a lot of information to sort out.
"Ultimately, that individual came very rapidly across the street and tackled one of the demonstrators. There was a scuffle going on, on the street and at some point, Mr. Hayes used a gun and fired a shot that struck the individual who had come across the street," she said.
The Jewish Community Relations Council of Greater Boston issued a statement Friday urging caution and transparency as the investigation continues.
"While the details of what happened are still being investigated, there should be no question that violence of any kind in our democratic society is abhorrent. People’s right to gather in civil, non-violent public demonstrations must be sacrosanct," the statement reads in part. "While some charges have already been filed, we urge patience as a full investigation unfolds, and we encourage Mayor Fuller and DA Ryan to continue to continue to fully communicate with the public and the community regarding the investigation and the rationale for those charges filed and for any additional charges that may be filed."
The Anti-Defamation League said early Friday that they are aware of the case and concerned about escalating tensions.
"Protests should not subject anyone to violence. We encourage Newton Police and the Middlesex District Attorney to conduct a thorough investigation of the entire incident," a statement posted on X, formerly known as Twitter, reads.
Newton police said they would increase patrols at houses of worship in the coming days.
