The two football fans charged for the fight at a Patriots game that cost 53-year-old Dale Mooney his life have both pleaded not guilty to disorderly conduct and assault and battery.
Justin Mitchell, 39 denied the allegations in Wrentham District Court on Friday, a week after co-accused John Vieira, 59, did the same.
“Of course I’m innocent,” Vieira had told reporters as he left court, according to CBS News.
Mitchell was ordered Friday to stay away from Gillette Stadium as well as Mooney’s family and any potential witnesses.
Both men, from Warwick, Rhode Island are accused of punching Mooney in the head in a scrap partially caught on video at the Patriots’ Sept. 17 game against the Miami Dolphins.
Mooney collapsed and died, and the Norfolk District Attorney’s Office ruled his death a homicide.
However, a review of the available evidence — including autopsy results and multiple videos — didn’t establish a basis for either Mitchell or Vieira to be charged with homicide, District Attorney Michael Morrissey said.
Police have said Mooney was involved in a verbal confrontation with Mitchell, who was wearing a Dolphins jersey, and another member of his group, 39-year-old George Chiarillo.
Multiple witnesses said that Mooney “wanted to fight” and “was trying to coax Mr. Mitchell into fighting him” before his death, according to a police report obtained by the Boston Globe.
Vieira soon stepped in and could “be seen punching Mr. Mooney one time” in his head, the report says — noting it appears to be only a “glancing blow.”
Mooney’s cause of death was listed as “probable cardiac dysrhythmia in a person with severe hypertensive and atherosclerotic cardiovascular disease during a physical altercation.”
With Post wires.
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