NEWTON – At A hearing in Newton District Court on Dec. 9, Caleb Gannon was charged with assault and battery for allegedly attacking Scott Hayes during a pro-Israel demonstration on Sept. 12. He will be arraigned on Dec. 30.

Hayes was one of a half dozen people demonstrating at the intersection of Newton’s Washington and Harvard streets in support of Israel. According to video recorded by one of the demonstrators, Gannon, 32, first engaged in a verbal altercation with the demonstrators, then charged across Washington Street, tackling Hayes.

Hayes, 47, who has a license to carry a gun, later said he shot Gannon, according to a police report.

Gannon was taken to Beth Israel Deaconess Medical Center with “horrific” injuries, noted his attorney, Stephen P. Colella. “He nearly died” from his internal injuries, Colella said, and was hospitalized for over 38 days, including three days in a medically induced coma.

At the Dec. 9 hearing, the clerk magistrate determined there was probable cause to charge Gannon with assault and battery, a misdemeanor that carries a potential punishment of up to 2½ years in prison or a fine of not more than $1,000. According to Section 13A of the Massachusetts General Laws, to be convicted of assault and battery requires proof that the defendant caused “serious bodily injury,” defined as “permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.”

As previously reported, after being tackled by Gannon, Hayes needed surgery to relieve pain caused by pinched nerves in his neck. The pain first appeared in the spring of this year, he said, and was being successfully treated through chiropractic and physical therapies until Gannon knocked him to the ground in September. Hayes underwent Anterior Cervical Discectomy and Fusion surgery at the West Roxbury VA Medical Center on Nov. 25.

“Recovery has been good,” Hayes said. He reported “some stiffness and soreness” where the discs in his neck were fused, but the pain is greatly relieved. He said doctors expect him to lose “some mobility [in his neck] but not a great amount.”

For allegedly shooting Gannon, Hayes is charged with assault and battery with a deadly weapon, a felony that carries a potential punishment of up to 10 years in jail and/or a fine of not more than $5,000. At his most recent court appearance on Dec. 3, Hayes’s case was continued until Jan. 27.

While he declined to comment on the charges against his client, Gannon, or Hayes, Colella noted there are two unresolved cases at issue here. “One’s charged with assault and battery and one’s charged with assault and battery with a dangerous weapon,” he said. “You can look at the video and you can see whether or not deadly force is appropriate to use when you get tackled by someone. That’s, I guess, a decision for a jury and perhaps readers to consider.” Θ