There's no probable cause to charge Aaron Boogaard with a felony in his brother's death, his attorney argues.
The attorney for the brother of Derek Boogaard is challenging the felony charge that he regularly doled out the addictive painkillers the onetime Minnesota Wild star took until his overdose death in May.
Aaron Boogaard, 25, of Regina, Saskatchewan, appeared on Wednesday in Hennepin County District Court but did not enter a plea.
On Aug. 12, his attorney, John Lundquist, filed multiple motions, including one seeking to dismiss a felony count of third-degree sale of a controlled substance. In the motion, Lundquist contends that the complaint does not state an offense committed by Aaron Boogaard and does not meet the requirements for charging.
He did not challenge the charge of interference with a death scene, a gross misdemeanor.
The prosecution and defense will file briefs supporting their arguments and Judge William Howard will rule on the motions before Aaron Boogaard's next court appearance on Oct. 6.
Aaron Boogaard was charged in July in connection with his 28-year-old brother's death on May 13 in the Minneapolis apartment they shared in the Warehouse District.