Charges are dropped against 2 men in connection with Patriots fan’s death in 2023

WRENTHAM, Mass. — Charges have been dropped against two Rhode Island men in connection with the death of a fan following an altercation at a New England Patriots game in 2023.

Justin Mitchell and John Vieira had pleaded not guilty to misdemeanor charges of assault and battery and disorderly conduct. They were accused of punching Dale Mooney, 53, of Newmarket, New Hampshire.

The charges were dropped Friday “in the interest of justice,” Norfolk District Attorney Michael Morrissey said in a court filing. No further explanation was given.

Investigators said Mooney was struck during an altercation at the Gillette Stadium game, which ended in a 24-17 win by the visiting Miami Dolphins. Mooney was taken to a hospital, where he was pronounced dead.

“The stadium video clearly showed that Mr. Vieira was only trying to help another individual defend themselves from an unprovoked assault,” Peter Aspesi, Vieira’s lawyer, said in a statement.

A message seeking comment was emailed Tuesday to Mitchell’s lawyer, Daniel Gelb.

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.”

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.