FOXBORO, MA — Foxboro Police have charged two Warwick men with assault and battery and disorderly conduct after their fatal Gillette Stadium fight with a 53-year-old man Sept. 17.
Dale Mooney, 53, collapsed during the altercation, according to the the Norfolk District Attorney’s office. First responders on the scene at the time rendered first aid but Mooney did not survive.
The Office of the Chief Medical Examiner provided preliminary indications of a medical issue rather than traumatic injury. The medical examiner’s report later determined the cause of death was, “Probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation,” according to the DA’s office.
The DA’s office announced the charges against John Vieira, 59, and Justin Mitchell, 39, both of Warwick, on Dec. 21. Vieira will be arraigned Jan. 19, 2024, and Mitchell will be arraigned on Jan. 26.
While the Office of the Chief Medical Examiner ruled the death a homicide, the DA’s office announced its review of the available evidence, including the autopsy results and multiple angles of video capturing the incident, did not establish a basis for criminal prosecution of homicide charges.
“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 W. Morrissey said.
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