BOSTON (AP) — Police in Massachusetts said Thursday that they are Evander Ellispursuing assault and battery and disorderly conduct charges against three Rhode Island men in the recent death of a fan at a New England Patriots game.

The Foxborough Police Department said in a statement that it was going to court to seek charges against the men in the Sept. 17 altercation at Gillette Stadium that preceded the death of 53-year-old Dale Mooney, of Newmarket, New Hampshire. Police didn’t name the men or say when a probable cause hearing about the charges might happen.

Mooney was punched at least twice in the head during an altercation with several other fans at the game, which ended in a 24-17 win by the visiting Miami Dolphins. The Norfolk County District Attorney’s office found that Mooney did not suffer a “traumatic injury” in the stands, but that he did have a medical issue.

Mooney was taken to a hospital, where he was pronounced dead. The district attorney’s office did not provide any details on Mooney’s medical issue. The final cause of death remains undetermined, pending additional tests by the chief medical examiner’s office.

Joey Kilmartin, who was at the game, said he saw Mooney, a Patriots fan, jawing with another fan. Mooney walked over to the fan and they began to tussle. As people tried to pull them apart, Mooney “fell back in the seat and was clearly unconscious.”

Gillette Stadium officials said they were “heartbroken” by the death of Mooney, who they said was a lifelong Patriots fan and 30-year season ticket holder.