Charges sought against three men for Patriots fan’s death

The Foxborough (Mass.) police department has applied for criminal complaints to prosecutors alleging assault and battery and disorderly conduct charges against three Rhode Island men who they allege had a role in a Patriots fan’s death at Gillette Stadium, according to a statement released Thursday by Chief of Police Michael A. Grace.

Dale Mooney, a 53-year-old father of two, died after being punched in the face and knocked unconscious during the Dolphins-Patriots game on Sept. 17.

“Police detective were able to review numerous witness interviews and multiple angles of video capturing the incident as part of the investigation,” the statement said.

The complaints will be scheduled for a probable-cause hearing in the coming weeks before or a Wrentham District Court clerk or assistant clerk, per the statement.

If the clerk has probable cause to issue charges, then the names of the individuals will be released.

“Although the investigation remains open and going, Foxborough Police — in consultation with the District Attorney’s Office — determined that the currently available evidence supported submitting applications for criminal complaints to Wrentham District Court at this time,” the release said.

Mooney, a New Hampshire native, was involved in a deadly altercation during the Week 2 matchup.

Witnesses said Dolphins fans taunted Mooney before the fight started.

He was treated by EMTs at the scene and rushed to a hospital, but was pronounced dead before midnight.

“The Dolphins fan walks over and clearly punches him in the face,” Joey Kilmartin of Nashua, N.H., told MassLive. “(He) gets knocked out and you can tell right away he’s not OK.”

The preliminary autopsy results “did not suggest traumatic injury but did identify a medical issue,” according to the statement.

The final cause and manner of death is undetermined but awaiting further testing by the Office of the Chief Medical Examiner, and the death is still being investigated by both the Foxborough and State Police assigned to the Norfolk District Attorney’s office, per the release.