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Rhode Island men charged in connection with fatal brawl at Gillette Stadium

2:14
Football fan killed after altercation at Patriots-Dolphin game
GoFundMe for Dale Mooney's Family
ByMark Osborne and Jason Volack
December 22, 2023, 12:05 AM

Two Rhode Island men have been charged in connection with the death of a fan at a New England Patriots game in September.

Justin Mitchell, 39, and John Vieira, 59, both from Warwick, Rhode Island, have been charged with assault and battery and disorderly conduct after allegedly getting into a fight with another man, who later died, according to the Norfolk County district attorney.

Dale Mooney, 53, from Newmarket, New Hampshire, died following the Sept. 17 incident in the 300-tier section of Gillette Stadium during a Patriots-Dolphins game.

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Mooney collapsed during the altercation and was not able to be resuscitated by emergency medical technicians at the stadium, according to the district attorney.

While Mooney's death initially "did not suggest traumatic injury" it did "identify a medical issue," the district attorney's office said. Upon a recent review by the medical examiner, the death was ruled as "probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation" and the manner of death was ruled to be a homicide, according to the district attorney.

Dale Mooney
GoFundMe for Dale Mooney's Family

After reviewing the autopsy and video of the incident, the district attorney decided the incident did not support charges related to the homicide, according to a press release.

"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," Norfolk District Attorney Michael W. Morrissey said in a statement.

Witness Joseph Kilmartin told Boston ABC affiliate WCVB in September that Mooney "basically grabbed another fan. ... They started tussling around for a few minutes. At one point, another fan walked over. He punched him ... and [Mooney] just went out."

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"It was pretty hard to watch," Kilmartin said.

Mitchell's arraignment is scheduled for Jan. 26, and Vieira's is set for Jan. 19.

The incident and Mooney's death are under investigation by Foxborough police and Massachusetts State Police.

Gillette Stadium officials said in a statement at the time of the death, "We are heartbroken to learn of the tragic passing of Dale Mooney, a lifelong Patriots fans and 30-year season ticket member."

ABC News' Emily Shapiro contributed to this report.

Editor’s note: This article has been updated

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