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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)
I can understand where the motivation comes from for charging him. Removing the political aspect, if there's a bar fight, as a society we don't want the altercation to progress to shooting. And morally in the bar fight situation, I would think it's inappropriate to escalate to shooting, even if you're being tackled to the cement and the other person instigated it. Not that I have any real sympathy for the person shot: seems to be a FAFO situation.
What gets me is the pro-Palestinian not also getting charged. They seem basically equally at fault, engaging in potentially deadly escalations. Give both a misdemeanor for disturbing the public peace.
The current story on that is that simple battery not witnessed by the police is not an arrestable offense. Our pro-Israeli guy, wearing his anklet of shame, has to go down to the police station and swear out a complaint.
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