Charges against two men in connection with the death of a New England Patriots supporter have been dropped almost two years on from the fatal incident at Gillette Stadium.
Justin Mitchell and John Vieira, both of Rhode Island, had pleaded not guilty to misdemeanor charges of ᴀssault and battery and disorderly conduct after being accused of punching 53-year-old Dale Mooney on September 17, 2023.
Patriots season ticket holder Mooney died following an altercation that evening at the team’s stadium in Foxborough, where New England were beaten 24-17 by the visiting Miami Dolphins.
Witnesses from the scene claimed the father-of-two was viciously attacked by another spectator as a fight broke out in the stands, before medics were seen administering CPR a short time afterwards.
‘They started tussling around for a few minutes,’ one witness, Joseph Kilmartin, told Boston news channel WCVB. ‘At one point another Dolphins fan walked over. He punched him three times, and the man just went out. It was pretty hard to watch.’
Mooney was then rushed to Sturdy Memorial Hospital in Attleboro, where he was eventually pronounced ᴅᴇᴀᴅ.
Charges against two men in connection with the death of New England Patriots supporter Daley Mooney (pictured) have been dropped
Mooney died following an altercation in the stands at Gillette Stadium on September 17, 2023
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Almost 19 months on, charges against Mitchell and Vieira were dropped Friday ‘in the interest of justice,’ Norfolk District Attorney Michael Morrissey said in a court filing.
The review of the available evidence, including the autopsy results and multiple angles of video, failed to establish a basis for criminal prosecution of charges related to homicide, Morrissey had concluded.
According to a Foxborough police report, via WCVB, footage showed Mooney, Mitchell and Vieira getting into a verbal argument before other fans tried to diffuse the situation.
Security are then said to have responded to another dispute which saw Mooney rush past them and ‘initiate a physical altercation’ with Mitchell by ‘grabbing him in the upper shoulder/neck area’.
‘Mr. Mooney appears to maintain a hold of/control of Mr. Mitchell as this happens. Then Mr. Mooney appears to lose consciousness and the altercation ends,’ the police report alleges.
‘Gillette Security then separates Mr. Mooney and Mr. Mitchell. Mr. Mooney, who is partially seated, ends up slumped back on top of the seats.’
Peter Aspesi, Vieira’s lawyer, claimed the footage proves his client ‘was only trying to help another individual defend themselves from an unprovoked ᴀssault.’
Videos from the Foxborough arena showed security trying to break up a scuffle, before medics administered CPR a short time afterwards as worried fans watched on
The Office of Chief Medical Examiner provided preliminary indications that did not suggest traumatic injury, but identified a medical issue with Mooney.
A final determination ruled the manner of death a homicide, with the cause of death as ‘probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.’
Legal experts say the dropping of charges against Mitchell and Vieira is due to video evidence suggesting the pair have grounds to argue they acted out of self-defense.
‘Unfortunately, the person who ended up dying seems to have initiated the confrontation, so they have to look at self-defense as a legitimate defense in case,’ attorney Patricia LaFrance said.
