A coroner ruled the death of a New England Patriots fan after a fight at a game in September was murder, but prosecutors decided not to charge two men involved in the fight with murder-related crimes after they had reviewed evidence, according to the Norfolk, Massachusetts. the district attorney said Thursday.
Instead, the two men were charged with assault and disorderly conduct over the altercation that resulted in the death of Dale Mooney, a 53-year-old season ticket holder from New Hampshire who collapsed during the brawl, said Norfolk District Attorney Michael W. Morrissey said.
John Vieira, 59, and Justin Mitchell, 39, both of Warwick, Rhode Island, will be arraigned in Wrentham District Court in January.
Mitchell's attorney did not immediately respond to a request for comment, and court records did not indicate an attorney for Vieira. The Patriots declined to comment.
The fight occurred in the fourth quarter of a Patriots-Dolphins game on the 300 level of Gillette Stadium on September 17 and escalated after a verbal altercation.
Fans who witnessed the incident told multiple media outlets that the barbs turned violent after Mooney confronted a Dolphins fan during the game. According to the Boston Globe, the Dolphins fan was caught on phone video throwing at least one punch in Mooney's direction.
According to the Associated Press, police and emergency responders determined that Mooney “obviously required medical attention,” the DA's office said. Mooney was taken to a hospital where he was pronounced dead, officials told multiple media outlets.
The chief medical examiner's office ruled the cause of death as “probable cardiac arrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.” The prosecution used the results of the autopsy and several video recordings of the incident to determine the charges, it said.
Gillette Stadium officials said in a statement at the time that they were “heartbroken” by the death.
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