Charges have been dropped against two Rhode Island men in connection with the death of a fan at a New England Patriots game at Gillette Stadium in 2023.Justin Mitchell and John Vieira, both of Warwick, Rhode Island, were charged with assault and battery and disorderly conduct.On April 11, the assault and battery and disorderly conduct charges, originally filed in Wrentham District Court, were dropped.Dale Mooney, 53, of Newmarket, New Hampshire, died following the Sept. 17, 2023, incident in the 300-tier section of Gillette Stadium. Police said detectives reviewed numerous witness interviews and multiple angles of video that captured the incident.According to a Foxborough police report, footage showed Mooney, Mitchell, Vieira and other fans getting into a verbal argument in the stands. Other fans appeared to try to diffuse the situation, including physically placing themselves between Mooney and Vieira. However, a few minutes later, security responded to another argument in the vicinity. Mooney then rushed past security and “initiated a physical altercation” with Mitchell by “grabbing him in the upper shoulder/neck area,” according to the police report.Gillette Security attempted to intervene, and the men continued to tussle, according to the police report. “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 read. “Gillette Security then separates Mr. Mooney and Mr. Mitchell. Mr. Mooney, who is partially seated, ends up slumped back on top of the seats.”Police said the physical altercation lasted approximately 25 seconds.First responders performed CPR on Dale Mooney at the stadium. He was then taken to Sturdy Memorial Hospital in Attleboro, where he was pronounced dead. Viera’s attorney, Peter Aspesi, released a statement on behalf of his client regarding the dropped charges:“ I am pleased that the Norfolk County District Attorney’s Office saw fit to drop these charges after a careful review of all the evidence,” Aspesi said. “The stadium video clearly showed that Mr Vieira was only trying to help another individual defend themselves from an unprovoked assault.” The Norfolk District Attorney’s Office said it had no comment on the dropped charges.

FOXBOROUGH, Mass. —

Charges have been dropped against two Rhode Island men in connection with the death of a fan at a New England Patriots game at Gillette Stadium in 2023.

Justin Mitchell and John Vieira, both of Warwick, Rhode Island, were charged with assault and battery and disorderly conduct.

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On April 11, the assault and battery and disorderly conduct charges, originally filed in Wrentham District Court, were dropped.

Dale Mooney, 53, of Newmarket, New Hampshire, died following the Sept. 17, 2023, incident in the 300-tier section of Gillette Stadium.

Police said detectives reviewed numerous witness interviews and multiple angles of video that captured the incident.

According to a Foxborough police report, footage showed Mooney, Mitchell, Vieira and other fans getting into a verbal argument in the stands. Other fans appeared to try to diffuse the situation, including physically placing themselves between Mooney and Vieira.

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However, a few minutes later, security responded to another argument in the vicinity. Mooney then rushed past security and “initiated a physical altercation” with Mitchell by “grabbing him in the upper shoulder/neck area,” according to the police report.

Gillette Security attempted to intervene, and the men continued to tussle, according to the police report.

“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 read. “Gillette Security then separates Mr. Mooney and Mr. Mitchell. Mr. Mooney, who is partially seated, ends up slumped back on top of the seats.”

Police said the physical altercation lasted approximately 25 seconds.

First responders performed CPR on Dale Mooney at the stadium. He was then taken to Sturdy Memorial Hospital in Attleboro, where he was pronounced dead.

Viera’s attorney, Peter Aspesi, released a statement on behalf of his client regarding the dropped charges:

“ I am pleased that the Norfolk County District Attorney’s Office saw fit to drop these charges after a careful review of all the evidence,” Aspesi said. “The stadium video clearly showed that Mr Vieira was only trying to help another individual defend themselves from an unprovoked assault.”

The Norfolk District Attorney’s Office said it had no comment on the dropped charges.

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