Two Rhode Island men charged with assault and battery in death of Patriots fan

BOSTON– Two Rhode Island men have been charged with assault and disorderly conduct by Foxborough 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, RI, were charged with assault and disorderly conduct earlier this month after investigators say they beat Dale Mooney, 53 years, of Newmarket, New Hampshire.

Mooney was hit during an altercation in the Sept. 17 game, which ended in a 24-17 victory by the Miami Dolphins, investigators said. Mooney was taken to a hospital, where he was pronounced dead.

Criminal complaints filed earlier this month said both Vieira and Mitchell “assaulted and struck Dale Mooney.” An attorney for Mitchell did not immediately respond to a phone call. Court records did not list an attorney for Vieira.

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

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 arrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.”

Review of available evidence, including autopsy results and multiple video angles that captured the incident, failed to establish a basis for criminal prosecution of homicide-related charges in Mooney’s death, the prosecutor said Thursday. Norfolk District Attorney Michael Morrissey said in a statement.

“We are grateful to the members of the public who made their private videos of the altercation available for our review, and to the investigators at the Foxborough Police Department, for their help in establishing a clear picture of these tragic events,” Morrissey said.

Viera is scheduled to appear in court on January 19. Mitchell is due 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.