Two Rhode Island men charged with assault and battery in death of Patriots fan
BOSTON — Two Rhode Island men have been charged by Foxborough police with assault, battery and disorderly conduct in connection with the recent death of a fan at a New England Patriots game.
John Vieira, 59, and Justin Mitchell, 39, both of Warwick, RI, were charged with assault and disorderly conduct earlier this month after investigators said they struck 53-year-old Dale Mooney of Newmarket, New Hampshire.
Mooney was struck during an altercation during the Sept. 17 game that ended in a 24-17 victory for the visiting Miami Dolphins, investigators said. Mooney was taken to a hospital, where he was pronounced dead.
Criminal complaints filed earlier this month stated that both Vieira and Mitchell “assaulted and beat Dale Mooney.” An attorney for Mitchell did not immediately return a call. Court records did not indicate there was an attorney for Vieira.
The Office of the Chief Medical Examiner provided preliminary evidence that did not indicate a traumatic injury but did indicate a medical problem, the district attorney's office said. The cause and manner of death had not been determined at that time, pending further investigation.
The Norfolk District Attorney's final determinations ruled the manner of death as homicide. The cause of death has been determined as “probable cardiac arrhythmias in an individual with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.”
The review of the available evidence, including autopsy results and multiple video footage of the incident, has not provided a basis for criminal prosecution of murder charges in Mooney's death, Norfolk District Attorney Michael Morrissey said in a statement Thursday .
“We thank the members of the public who made their private videos of the altercation available for our review, and Foxborough Police investigators for their assistance in providing a clear picture of these tragic events,” Morrissey said.
Viera is scheduled to appear in court on January 19. Mitchell is scheduled to appear in court on January 26.
Gillette Stadium officials said at the time they were “heartbroken” by the death of Mooney, who they said was a lifelong Patriots fan and 30-year season ticket holder.