Two Men Charged in Fatal Assault of Patriots Fan at Gillette Stadium

Charges have been filed in connection with tragic death of Dale Mooney during a New England Patriots-Miami Dolphins game at Gillette Stadium in September.

FOXBORO — Two men have been charged with assault and battery and disorderly conduct by Foxboro Police 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, Rhode Island — were charged with assault and battery and disorderly conduct earlier this month after investigators said they punched 53-year-old Dale Mooney, of Newmarket, New Hampshire.

Investigators concluded that a verbal argument in the 300-section of Gillette Stadium turned into a physical altercation in the fourth quarter of the Patriots 24-17 loss to the Miami Dolphins on Sept. 17 —  during which Mooney was struck. First responders attended to him before he was transferred to Sturdy Memorial Hospital in Attleboro. He was pronounced dead just before midnight.

Cred: USA Today Sports Images

Criminal complaints filed earlier this month said both Vieira and Mitchell "did assault and beat Dale Mooney," per a report from The Associated Press. 

The Office of the Chief Medical Examiner provided preliminary indications, which did not suggest traumatic injury, but did identify a medical issue, according to the district attorney's office. The cause and manner of death were undetermined at that time, pending further testing.

The AP’s report also stated that “final determinations delivered to the Norfolk District Attorney's Office ruled the manner of death a homicide.” The cause of death has been ruled as "probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation."

“The review of the available evidence, including the autopsy results and multiple angles of video capturing the incident, failed to establish a basis for criminal prosecution of charges related to homicide 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 the investigators at the Foxborough Police Department, for their help in establishing a clear picture of these tragic events," Morrissey said.

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Viera is scheduled for a court appearance on Jan. 19. Mitchell is due in court on Jan. 26.

Gillette Stadium officials said at the time that they were "heartbroken" to learn of Mooney’s death, while his widow, Lisa, described her husband, a season ticket holder of 30 years, as a "good dad."

The Associated Press also contributed to this story.