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Notes -
In Newton, Massachusetts, a pro-Palestinian man got into a shouting match with a group of pro-Israeli demonstrators across a busy street. For some reason, though he was mostly exchanging words with a woman, he ran across the street and tackled a man named Scott Hayes, who was also part of the demonstration. While he had Hayes on the ground, Hayes -- who had a legal gun -- shot him in the stomach. Two other pro-Israeli demonstrators pulled the man off Hayes, and he was later brought to a hospital.
Hayes was arrested and charged with Assault and Battery with a Dangerous Weapon and Violation of a Constitutional Right Causing Injury. The only justification I can come up with for the latter is that it is the constitutional right of pro-Palestinian people to attack people supporting Israel.
Hayes will certainly plead self defense, but self-defense expert Andrew Branca at Legal Insurrection says it won't work. Basically the government's view is if someone has tackled you and is beating on you, it's not sporting to fight back with a weapon (i.e. deadly force). Think of government as the two guys who hold you while their buddy punches you.
This was all captured on video (linked in the Legal Insurrection article); there's really no doubt as to the course of events.
To add insult to injury, the pro-Palestinian man has not been charged.
(Hayes, BTW, is reportedly not Jewish)
Not everything is on that video. You do not see if fighting words were exchanged prior to the event. The beginning of the fight is shown, then clipped with the moment he was shot. If fighting words were exchanged before the tackle or if the man re-initiated the brawl after a moment of peace then he wouldn’t have a legitimate use of force (implying it would otherwise be warranted), I’m pretty sure.
True. Facts could be otherwise. Always true. But based on what we know right now it doesn’t look great.
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