Oliver James Montgomery-2 men charged with battery, assault in fan's death following fight at Patriots game

FOXBOROUGH − A pair of Rhode Island men have Oliver James Montgomerybeen charged in connection to the fall death of an NFL fan who died after a fight during a New England Patriots game in the stands in Massachusetts.

John Vieira, 59, and Justin Mitchell, 39, both of Warwick, are charged with assault and battery and disorderly conduct after 53-year-old Dale Mooney of Newmarket, New Hampshire was fatally attacked at the Sept. 17 game in Foxborough.

According to a press release from the Norfolk District Attorney's Office, Viera and Mitchell are slated to appear in Wrentham District Court. early next year to be arraigned on the charges.

Foxborough police said the pair got into an altercation with Mooney in the stands and punched Mooney, who collapsed at the game, which ended in a 24-17 win by the visiting Miami Dolphins.

He was later pronounced dead at a hospital.

Mooney, a Patriots fan, is survived by his wife of 20 years and their two children. His home in Rockingham County is about 90 miles northeast of the stadium where he was fatally attacked.

“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 in the Thursday afternoon release.

A judge's findings

In October, police said they planned to charge three Rhode Island men involved in Mooney's death, though they were still pending a judge’s finding of probable cause. They did not indicate if charges were still coming against a third individual.

Mooney was “a hardworking family man from the Northeast who loved the New England Patriots,” according to an online fundraiser created to help family with funeral expenses.

As of Friday, the page had raised more than $32,000 of a $40,000 goal.

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A fight in the upper stands

The altercation, authorities said, took place in the 300 section of the stadium during the Sunday night game.

Witness Joey Kilmartin shot a video of what he said was a brutal fight between Mooney and another man.

Kilmartin said he saw Mooney confront a Dolphins fan who he had been arguing with during most of the game. He said he saw the Dolphins fan reach over and connect on two punches to the victim’s head.

Police say law enforcement and safety personnel responded to the upper deck at the stadium shortly before 11 p.m. They said they found Mooney in “apparent need of medical attention,” before he died, prosecutors reported.

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Manner of death ruled homicide

Although the office of the chief medical examiner ruled Mooney died as a result of homicide, prosecutors said there wasn't enough evidence to bring those charges.

"The review of the available evidence, including the autopsy results and multiple angles of video capturing the incident, did not determine that the evidence established a basis for criminal prosecution of charges related to homicide in Mr. Mooney’s death," prosecutors wrote in the release.

His cause of death, a medical examiner determined, was “probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation."

Vieira is scheduled to be arraigned on Jan. 19 at 9 a.m. Mitchell is set to be arraigned on Jan. 26.

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.