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Man charged after death of fan at Patriots game says "Of course I'm innocent"

Man charged with assault after death of fan at Patriots game pleads not guilty
Man charged with assault after death of fan at Patriots game pleads not guilty 02:22

WRENTHAM - John Vieira, one of the two men criminally charged after the death of New England Patriots fan Dale Mooney at Gillette Stadium last fall, said he was innocent after his first court appearance in the case Friday.

Vieira, 59, of Warwick, Rhode Island, was arraigned in a short hearing at Wrentham District Court. He pleaded not guilty to charges of assault and battery and disorderly conduct related to the fight in the stands on September 17, 2023. 

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John Vieira in Wrentham District Court, January 19, 2024. CBS Boston

Vieira did not have an attorney and asked for a public defender to represent him. He was released on a promise to return to court on February 26 for a pre-trial hearing and was ordered to stay away from Gillette Stadium and Mooney's family.

Vieira wouldn't talk to reporters outside court after the hearing, but did briefly respond to one question, saying "Of course I'm innocent."

Mooney, 53, died after collapsing during a brawl with a group of fans in the stands during a game between the Patriots and the Miami Dolphins. Vieira and 39-year-old Justin Mitchell of Warwick were charged in December after a long investigation into the brawl. Mitchell will be arraigned on the same charges on January 26.

Dale Mooney Gillette Stadium
Video showed Dale Mooney before the altercation at Gillette Stadium on September 17, 2023. CBS Boston

The medical examiner ruled Mooney's death was a homicide, but that he had heart disease and died when the fight sent his heart into an abnormal rhythm. The Norfolk District Attorney's Office said there wasn't enough evidence to charge Vieira and Mitchell with causing Mooney's death.

Court paperwork released Friday shows there were two fights that night, in which police wrote that Mooney was a willing participant, even saying he initiated a fight at one point. But then police focused on Vieira saying, "During the struggle, Mr. Viera punches Mr. Mooney in the area of the head one time. This looks to be the glancing blow."

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