2 men charged after altercation in stands at stadium in Massachusetts leaves Patriots fan dead

BOSTON — Two men have been charged months after an fight led to the death of a Patriots fan.

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John Vieira, 59, and Justin Mitchell, 39, from Rhode Island were charged with assault and battery and disorderly conduct earlier this month in connection with the death of Dale Mooney, 53, the Norfolk District Attorney’s Office said, according to WFXT.

The fight happened at a game on Sept. 17. According to The Associated Press, the Miami Dolphins won 24-17.

In October, Foxboro Police Chief Michael A. Grace announced that the department was seeking criminal charges against three men but as of Thursday, only two are facing charges, WFXT reported.

Massachusetts State Police said, according to the news station, that Mooney was in the 308/309 section during the game’s fourth quarter. It was around 11 p.m. when he collapsed. Investigators said that Mooney was taken to the hospital where he later died.

The DA’s office said that the Office of the Chief Medical Examiner ruled Mooney’s cause of death as “probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.” WFXT reported. His manner of death was ruled a homicide.

Homicide charges have not been filed in this case because officials said that there was not enough evidence, the news outlet reported.

“The review of the available evidence, including the autopsy results and multiple angles of video capturing the incident, did not determine that the evidence established a basis for criminal prosecution of charges related to homicide in Mr. Mooney’s death,” the DA’s office said in a statement.

Viera is expected to be arraigned on Jan. 19 and Mitchell on Jan. 26, WFXT reported.

Mooney’s wife told the news outlet that her husband was a lifelong Patriots fan and was a season ticket holder for 30 years.

“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 Morrissey said, according to the AP.