Massachusetts Attempts To Criminalize Self-Defense

• A pro-Israel activist faces possible jail time for shooting a man who tackled him

• The prosecution by a Democratic DA’s office reflects a pattern of punishing self-defense in left-leaning areas

• Some in the media ran with the DA’s version of the story, focusing more on the shooter than the aggressor

The story

A small pro-Israel demonstration in Newton, Massachusetts, turned violent on Thursday when a man shot a counter-protester during a scuffle, hospitalizing him with life-threatening injuries, authorities say.

At least, that’s how countless news outlets framed the story.

The real details were caught on video from multiple angles: the pro-Israel demonstrator, 47-year-old Iraq war veteran Scott Hayes, shot in self-defense after the man followed him, yelled at him about Israel’s “genocide,” ran across the street, and tackled him to the ground.

Following the shooting, Middlesex County District Attorney Marian Ryan (D) appeared to place the blame on Hayes by announcing charges against him and naming him publicly while doing neither for his assailant.

Ryan mentioned charges of assault and battery with a deadly weapon and “violation of a constitutional right causing injury,” implying that the anti-Israel agitator was exercising his constitutional rights when he tackled Hayes. However, only the assault charge was brought at Hayes’ official arraignment.

Hayes pleaded not guilty and was released on $5,000 bail. He is required to wear an ankle monitor and obey a curfew order. Only after bringing Hayes to court did prosecutors say they were seeking charges against his assailant.

A progressive DA

Marian Ryan ran on a progressive platform in Middlesex County and received funding from George Soros, who has helped install left-wing DAs in communities across the country.

Her policies — such as scrapping bail for selling drugs and other offenses — match the typical lenience of Soros-backed prosecutors. Their approach stems from an ideology that deems criminals to be victims of societal ills.

This sympathy often comes with a hyper-scrutiny of those who protect themselves or others from violent people. This has prompted outcry in the cases of Kyle Rittenhouse, Daniel Penny, and Jose Alba, who were all charged by Democratic prosecutors over killings that many believed were justified.

The US Supreme Court has even rebuked Ryan in the past. In 2019, it unanimously overturned the conviction of a woman her office prosecuted for owning a stun gun to protect against an abusive boyfriend.

“Massachusetts was either unable or unwilling to do what was necessary” to defend the plaintiff who owned the stun gun, according to Justice Samuel Alito, “so she was forced to protect herself.”

Misleading news coverage

Several news reports of Hayes’ altercation merely regurgitated Ryan’s statements, vaguely describing “a tussle” or “a shooting” at the top of their stories. Some referred to the aggressor as “the victim,” and many national sources did not emphasize the relevant details of his actions.

Local outlet Boston.com went beyond lies of omission and got the facts plain wrong, publishing the headline, “Pro-Israel demonstrator in Newton shoots man who jumped on other demonstrator, authorities say.”

During the entire video of DA Ryan’s press conference, no reporter is heard asking if she would charge Hayes’ attacker. The overall focus of reporting was on Hayes, his actions, and his political activity — not the unhinged, screaming aggressor who initiated the violence that got him shot.

Why it matters

Hayes’ story is a case study of both left-wing officials’ approach to crime and mainstream media bias. Prosecutors working for Ryan quickly moved to portray Scott Hayes as a criminal for defending himself — and journalists parroted their lopsided narrative of what happened.

If the case moves forward despite the backlash, Hayes’ trial may be contentious, especially with the political issues surrounding Israel involved.