Charges dropped for men accused in fatal Patriots game fight

Local News

Prosecutors said the charges against John Vieira and Justin Mitchell were dropped “in the interest of justice.”

The charges against two Rhode Island men in connection with a fight at Gillette Stadium in 2023 that ended in the death of another fan have been dropped. 

John Vieira and Justin Mitchell, both of Warwick, Rhode Island, were each facing charges of assault and battery and disorderly conduct, accused of punching Dale Mooney of Newmarket, New Hampshire, while at a Patriots-Dolphins game. Mooney, 53, later died of injuries he sustained in the fight. 

The charges against Vieira and Mitchell were dropped following a hearing on Friday, court records show. A spokesperson for the Norfolk County District Attorney’s office declined to comment on the case Monday. 

In a court filing, prosecutors said the charges against the two men were dropped “in the interest of justice.”

Vieira’s attorney, Peter Aspesi, said in a statement to Boston.com he is pleased the DA’s office dropped the charges “after a careful review of all the evidence.”

“The stadium video clearly showed that Mr. Vieira was only trying to help another individual defend themselves from an unprovoked assault,” he said. 

An attorney for Mitchell did not immediately respond to a request for comment Monday.

The fight broke out  just before 11 p.m. during the game on Sept. 17, 2023 in Section 310 where Mooney, Vieira, and Mitchell were sitting. After reviewing security footage and a dozen videos taken by attendees and interviewing witnesses, police determined in their investigation that during the altercation Mooney attacked Mitchell, and Vieira and Mitchell both punched Mooney near his head. Mooney lost consciousness and the altercation, which lasted under a minute, ended. He was taken to a local hospital where he was pronounced dead. 

His death was ruled a homicide, but the DA’s office determined that there wasn’t a basis for criminal charges related to homicide, instead charging Vieira and Mitchell with offenses related to the fight but not Mooney’s death.