2 men charged in death of Patriots fan at Gillette Stadium

21 Dec 2023, 21:50 · UPI

Dec. 21 (UPI) -- Two men were charged Thursday in connection with the death of a football fan at a New England Patriots game in September.

John Vieira and Justin Mitchell of Rhode Island were charged with assault and battery and disorderly conduct in an altercation that allegedly resulted in the death of New Hampshire man Dale Mooney at a Patriots game at Gillette Stadium in Foxborough, Mass.

Witness Joseph Kilmartin told WCVB Mooney got into a physical confrontation with Vieira and Mitchell. Mooney collapsed after a punch to the head and could not be resuscitated by emergency medical technicians.

"They started tussling around for a few minutes. At one point, another fan walked over. He punched him ... and the man just went out. It was pretty hard to watch," Kilmartin said.

The preliminary autopsy did not suggest traumatic injury, but attributed Mooney's death to be "probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation" according to the Norfolk District Attorney's office.

The criminal charges against Vieira and Mitchell alleged they "did assault and beat Dale Mooney" during the game. The manner of his death was also deemed a homicide.

After reviewing the autopsy and video of the incident, the DA determined there wasn't enough information to warrant homicide charges.

"The review of the available evidence, including the autopsy results and multiple angles of video capturing the incident, did not determine that the evidence established a basis for criminal prosecution of charges related to homicide in Mr. Mooney's death," the DA's office said in a statement.

Vieira is scheduled to be arraigned on Jan. 19, while Mitchell is due in court on Jan. 26.

Mooney's wife, Lisa, told Boston 25 News her husband was a "lifelong fan of the Patriots" and a "season-ticket holder for 30 years." She also described him as a "good dad" to their two adult sons.