Police want to charge 3 people in death of Pats fan at game

[Patsfan1958]

TMZ:


Police Want Charges For Three Men Over Patriots Fan's Death At Game

 

[captain stone]

Yeah I thought that, the last I heard, he might've suffered a heart attack and that's what killed him... Hmmm...

 

[IcyPatriot]

TMZ:


Police Want Charges For Three Men Over Patriots Fan's Death At Game

Interesting ... I don't know enough about the law on this type of thing.
Dale was involved in a scuffle before the punch ... or so it was reported.

 

[IcyPatriot]

2 Rhode Island men face charges in connection Gillette Stadium fight that ended in man's death

Two Rhode Island men are facing assault charges in a fight in the stands during a New England Patriots in September that involved a man who later died.

turnto10.com

One of the videos investigators received shows that after a verbal argument Mooney allegedly grabs onto Mitchell and a tussle ensues, according to the documents. The police narrative then says Mooney and Mitchell continue to struggle with another man in between them. The police narrative says Vieira is seen punching Mooney in the area of the head. Mooney appears to be punched in the face one or two times before he throws Mitchell across his body and over the seats below, according to court documents.At some point, Mooney loses consciousness, according to the document.

He was later pronounced dead at Sturdy Memorial Hospital in Attleboro.

 

[Gumby]

Play stupid games…….

win stupid prizes.

sorry for the family‘s loss and now the 3 morons‘ families will suffer too. No real winners here.

 

[n6249c]

Yeah I thought that, the last I heard, he might've suffered a heart attack and that's what killed him... Hmmm...

Charges are assault, not manslaughter or murder.

 

[VJCPatriot]

RIP Mooney.

It's so sad when fans are literally getting killed over a football game.

Even sadder is that the Dolphins fans who assaulted the man and ended up killing him are unlikely to face any criminal charges according to the Fox news outlet article.

 

[Triumph]

Mooney grabbed the Phins fan.

 

[n6249c]

RIP Mooney.

It's so sad when fans are literally getting killed over a football game.

Even sadder is that the Dolphins fans who assaulted the man and ended up killing him are unlikely to face any criminal charges according to the Fox news outlet article.

Hunh? That article reports criminal charges were filed against them. Here’s the headline:

Two men charged in the death of lifelong Patriots’ fan after altercation at Gillette Stadium​

How can you possibly construe it as saying charges are unlikely?

 

[cmasspatsfan]

Mooney grabbed the Phins fan.

Didn't a second guy come in and punch him in the head?

 

[VJCPatriot]

How can you possibly construe it as saying charges are unlikely?

I'll quote the article.

The Foxborough Police Department said in October that three individuals could face assault and battery and disorderly conduct charges "in the coming weeks."

So that's charges for assault and battery which are misdemeanor charges.

The rightful charge when you kill someone without intent to murder is manslaughter. A far more serious offense for a deadly serious result.

So if I'm being hyper accurate these guys are unlikely to be charged for anything nearly as serious as what they caused, the death of a man who was unfortunate enough to wear the wrong laundry that day.

 

[cmasspatsfan]

I'll quote the article.

The Foxborough Police Department said in October that three individuals could face assault and battery and disorderly conduct charges "in the coming weeks."

So that's charges for assault and battery which are misdemeanor charges.

The rightful charge when you kill someone without intent to murder is manslaughter. A far more serious offense for a deadly serious result.

So if I'm being hyper accurate these guys are unlikely to be charged for anything nearly as serious as what they caused, the death of a man who was unfortunate enough to wear the wrong laundry that day.

He wore the right laundry, the other guys didn't.

 

[n6249c]

I'll quote the article.

The Foxborough Police Department said in October that three individuals could face assault and battery and disorderly conduct charges "in the coming weeks."

So that's charges for assault and battery which are misdemeanor charges.

The rightful charge when you kill someone without intent to murder is manslaughter. A far more serious offense for a deadly serious result.

So if I'm being hyper accurate these guys are unlikely to be charged for anything nearly as serious as what they caused, the death of a man who was unfortunate enough to wear the wrong laundry that day.

Assault and battery charges can be felony charges. I’ve looked and found nothing indicating they’re only misdemeanor charges in this case.

problem is, there’s no evidence that they killed him. Dale had a heart attack. He should’ve known better than to get into a fight when he had a bad ticker. That’s why it’s impossible to say they caused his death.

 

[cmasspatsfan]

Assault and battery charges can be felony charges. I’ve looked and found nothing indicating they’re only misdemeanor charges in this case.

problem is, there’s no evidence that they killed him. Dale had a heart attack. He should’ve known better than to get into a fight when he had a bad ticker. That’s why it’s impossible to say they caused his death.

It's possible he didn't know, it looked like two guys going at each other but the other guy throwing punch throws a wrinkle into this.

 

[VJCPatriot]

problem is, there’s no evidence that they killed him. Dale had a heart attack. He should’ve known better than to get into a fight when he had a bad ticker. That’s why it’s impossible to say they caused his death.

It's the eggshell head theory. If you punch a guy in the head with a really fragile skull and later he goes home and dies that still makes you guilty of killing that man even if you had no idea your punch would be fatal at the time you threw it.

In thise case probably none of the assailants thought they would cause this guy to have a heart attack by beating up on him. Doesn't matter, it's the results of the action that matter.

It's interesting chatting theory but at the moment, like I said, it looks unlikely that those guys will be charged with anything more than assault and battery, disorderly conduct etc. Techncially though they are guilty of manslaughter if you're going to be sp;ecific about it.

From the Oxford dictionary:

man·slaugh·ter
/ˈmanˌslôdər/
noun

"the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder."


It's all moot though because it doesn't sound like the authorities want to pursue anything more in terms of charges.

 

[DarrylS]

Wonder how much alcohol was involved in all of this??
No matter the outcome or cause overreaction has caused irreparable harm to all families involved.

 

[Triumph]

Didn't a second guy come in and punch him in the head?

Supposedly, but the guy Mooney grabbed first is being charged which is my whole point.

Mooney took it physical. Mouthing off back and forth is not assault in this country.

 

[XLIX]

This case reminded me somewhat of the situation involving Nancy Kerrigan’s brother who got into a scuffle with their father, who died as a result. And a little research shows there are indeed some similarities:

Kerrigan had a pre existing heart condition and died “from cardiac dysrhythmia triggered by the struggle”.

The Patriots fan had a pre-existing heart condition and died of “probable cardiac dysrhythmia” brought on “during a physical altercation.”

The Kerrigan brother was charged with manslaughter but found not guilty of that charge. He was, however, found guilty of assault and battery and sentenced to 2.5 years.

These Dolphins fans are being charged with the same but, as noted above, not charged with manslaughter.

So, based on the above, they could indeed be facing some time.

 

[n6249c]

It's the eggshell head theory. If you punch a guy in the head with a really fragile skull and later he goes home and dies that still makes you guilty of killing that man even if you had no idea your punch would be fatal at the time you threw it.

In thise case probably none of the assailants thought they would cause this guy to have a heart attack by beating up on him. Doesn't matter, it's the results of the action that matter.

It's interesting chatting theory but at the moment, like I said, it looks unlikely that those guys will be charged with anything more than assault and battery, disorderly conduct etc. Techncially though they are guilty of manslaughter if you're going to be sp;ecific about it.

From the Oxford dictionary:

man·slaugh·ter
/ˈmanˌslôdər/
noun

"the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder."


It's all moot though because it doesn't sound like the authorities want to pursue anything more in terms of charges.

Is there case law supporting that “eggshell head” theory? I’d appreciate a citation or two so I can go research it for myself.

my understanding is that unless there is evidence that the assault caused the heart attack there is no way to say the assailant is guilty of causing death.

it‘s that age old confusion: correlation is not causation.

 

[VJCPatriot]

Is there case law supporting that “eggshell head” theory? I’d appreciate a citation or two so I can go research it for myself.

my understanding is that unless there is evidence that the assault caused the heart attack there is no way to say the assailant is guilty of causing death.

it‘s that age old confusion: correlation is not causation.

Sure if you'd really like to take the dive down the rabbit hole here you go. Here's a pretty good article and I've quoted one of its most relevant passages.

"The thin skull rule, also known as the eggshell skull rule, is a legal doctrine that holds a defendant responsible for the full extent of the harm caused to a victim, even if the victim has a pre-existing medical condition or vulnerability that makes them more susceptible to injury, as in Smith v Leech Brain & Co [1962]. In other words, a defendant must take a victim as they find them, and cannot use the victim's pre-existing condition as a defence to limit their liability, as in R v Blaue [1975]."

Article: R v Hayward (1908) | Criminal Law