WRENTHAM, Mass. — One of two men charged in connection with a fight in the stands at Gillette Stadium earlier this season that resulted in the death of a New England Patriots fan is expected to face a judge Friday.
John D. Vieira, 59, of Warwick, Rhode Island, is slated to be arraigned in Wrentham District Court on charges of assault and battery and disorderly conduct in the death of 53-year-old New Hampshire native Dale Mooney, according to the Norfolk District Attorney’s Office.
A criminal complaint filed against Viera and Justin A. Mitchell, 39, also of Warwick, alleged that the men “did assault and beat Dale Mooney” during a game against the Miami Dolphins in September. Mitchell is due in court on Jan. 26.
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In October, Foxboro Police Chief Michael A. Grace announced that his department planned to seek criminal charges against three Rhode Island men, but as of Friday, only Vieira and Mitchell were facing charges in Mooney’s death.
In addition to the filing of criminal charges, the DA’s office said that the Office of the Chief Medical Examiner officially ruled the cause of Mooney’s death to be “probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.” The manner of his death was also deemed a homicide.
After reviewing the evidence in this case, investigators said they determined that there wasn’t enough information to warrant homicide charges.
“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.
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Mooney, a married father of two who lived in Newmarket, was attending New England’s Sunday night game on Sept. 17.
State police said Mooney was in the stadium’s 308/309 section during the fourth quarter of the game around 11 p.m. when he collapsed and was rushed to Sturdy Memorial Hospital in Attleboro, where he was pronounced dead just before midnight.
Mooney’s wife, Lisa, told Boston 25 News that her husband was a lifelong fan of the Patriots who had been a season ticket holder for 30 years. She also described him as a “good dad” to their two adult sons.
Troopers assigned to the DA’s office are assisting Foxboro police with the investigation.
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