Two Rhode Island men have been charged with assault and battery in connection with an altercation at a New England Patriots game that preceded the death of a fan, prosecutors said Thursday.
A medical examiner recently ruled Dale Mooney’s September 17 death to be a homicide, but prosecutors found the evidence didn’t support homicide charges, the Norfolk District Attorney’s Office in Massachusetts said.
John Vieira, 59, and Justin Mitchell, 39, both of Warwick, were each charged with assault and battery and disorderly conduct, according to a news release from the DA’s office. Both are scheduled to be arraigned on the charges in January.
CNN has reached out to Mitchell’s attorney, Daniel Gelb, for comment. CNN has not been able to establish legal representation for Vieira.
The charges follow an altercation at the Gillette Stadium in Foxborough, Massachusetts, on September 17.
Mooney, 53, of Newmarket, New Hampshire, collapsed and died that night, the DA’s office said.
A witness previously told CNN Mooney died after a “violent confrontation” during the fourth quarter of the New England Patriots versus Miami Dolphins game.
Preliminary autopsy results “did not suggest traumatic injury, but did identify a medical issue,” the DA’s office said in September.
His cause of death was recently determined to be “probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation,” the Thursday release stated, and the medical examiner’s final determinations ruled Mooney’s death as a homicide.
“A review of the available evidence, including the autopsy results and multiple angles of video capturing the incident,” led the DA’s office to decide against criminal charges related to homicide, according to the release.
“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.