Charges against two men in connection with the death of a New England Patriots supporter have been dropped almost two years on from the fatal incident at Gillette Stadium.
Gillette Stadium, located in Foxborough, Massachusetts, serves as a multi-purpose venue and home to the New England Patriots.
Justin Mitchell and John Vieira, both of Rhode Island, had pleaded not guilty to misdemeanor charges of assault and battery and disorderly conduct after being accused of punching 53-year-old Dale Mooney on September 17, 2023.
Mooney, a season ticket holder for the Patriots, tragically passed away after a fight at the stadium in Foxborough, where New England lost 24-17 to the Miami Dolphins. Eyewitnesses reported that he was brutally attacked by another fan during a brawl in the stands, and shortly after, medics were seen performing CPR on him.
Nearly 19 months later, charges against Mitchell and Vieira were formally dismissed Friday "in the interest of justice," Norfolk District Attorney Michael Morrissey said in a court filing.
Morrissey concluded that after reviewing all the evidence, including the autopsy and various video angles, there wasn't enough to support any homicide charges. A police report from Foxborough, shared by WCVB, indicated that video captured Mooney, Mitchell, and Vieira in a heated argument before other fans attempted to calm things down. Security then responded to a separate conflict where Mooney allegedly ran past them and started a physical fight with Mitchell by grabbing him around the neck.
'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 alleges.
'Gillette Security then separates Mr. Mooney and Mr. Mitchell. Mr. Mooney, who is partially seated, ends up slumped back on top of the seats.'
The Chief Medical Examiner's office initially found no signs of trauma but did point out a health problem with Mooney. Ultimately, it was concluded that the death was a homicide, caused by likely heart rhythm issues in someone with serious heart disease during a fight. Legal experts believe the charges against Mitchell and Vieira were dropped because video evidence supports their claim of self-defense.
Under Massachusetts law, self-defense can be a complete defense to assault or homicide charges if certain legal standards are met. To lawfully claim self-defense, a defendant must demonstrate:
A reasonable belief of imminent harm – The defendant must believe they were in immediate danger of physical harm.
Proportional response – The level of force used must be reasonable and not excessive in relation to the threat faced.
Duty to retreat (in some cases) – In public places, Massachusetts generally requires a person to retreat if they can do so safely before using deadly force, unless retreat is not feasible.
In the case involving Justin Mitchell and John Vieira, prosecutors reviewed video evidence suggesting that Dale Mooney initiated the physical altercation by grabbing Mitchell. Given that Mitchell and Vieira appeared to act in defense and did not escalate to deadly force, the Norfolk District Attorney concluded there was insufficient evidence to overcome a claim of self-defense. As a result, all criminal charges were dismissed “in the interest of justice.”
