I continue to believe that it’s an injustice for Scott Hayes to have ever faced criminal charges to begin with. The licensed gun owner was exercising his First Amendment right to peacefully protest in support of Israel last September when a man ran across the street and assaulted him. As Hayes was lying on the ground wrestling with his attacker his gun discharged, wounding his assailant.
Both Hayes and the man who assaulted him were charged, though Hayes faced more serious accusations of assault and battery with a firearm and (ironically) violating Caleb Gannon’s constitutional rights. Hayes was set to face trial later this year, but on Wednesday he instead accepted a deal with prosecutors that calls for him to be placed on pre-trial probation until September.
If he violates the conditions of his probation, which include the suspension of his license to carry, completing an online course related to civil discourse, staying away from Gannon, and seeking a job, the case will go to trial. Hayes is also not permitted to be in the City of Newton unless he’s attending religious services, going to medical appointments, or driving through on his way to other destinations.
“This resolution is the result of hundreds of hours of in-depth review and analysis by our legal and law enforcement experts,” the DA’s office said in a statement. “It is the appropriate outcome given the facts of this particular case and the state of the evidence.”
In other words the D.A. wasn’t confident that a jury of Hayes’ peers would convict him. This deal allows prosecutors to save face, and for Hayes, the plea bargain means that he doesn’t have to spend tens of thousands of dollars on his legal defense, not to mention the risk being convicted of assault by a jury that’s likely to be composed of anti-gun liberals. And, if he stays out of trouble for the next three months he’ll have his license to carry restored and his life back in order. That shouldn’t be too difficult for Hayes, who had no previous criminal history when he was arrested.
Gannon is still facing charges of assault and battery, but I wouldn’t be surprised if he was offered a similar deal by prosecutors in the future, if one hasn’t been made already. In fact, at this point I’d be downright shocked if Gannon’s case goes to trial given the terms of the deal offered to Hayes.
I still think Hayes’s charges should have been dismissed outright, but that wasn’t really a realistic possibility. This deal is the next best thing for Hayes, who doesn’t have to plead guilty to a crime he didn’t commit. My biggest concern is that under current law in Massachusetts licensing authorities can still consider “suitability” when approving or denying a license to carry (which is also required to simply possess a handgun in the home). Even if Hayes gets his license back in September, he could still be denied when it’s time to renew it despite not being convicted of a crime.
I hope that doesn’t happen, but it’s a distinct possibility, and Hayes should probably keep his lawyer’s contact information handy in case he needs to file a civil suit in the future over the deprivation of his right to keep and bear arms.
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