In this undated booking photo released by the Hennepin County Sheriff\'s Dept. via The St. Paul Pioneer Press, Aaron Boogaard is shown. Boogaard, 24, was charged Friday, July 22, 2011, with unlawful distribution of a controlled substance. Hennepin County Attorney Mike Freeman says Boogaard won\'t face more serious charges because prosecutors can\'t prove the pill directly caused Derek Boogaard\'s death. Derek Boogaard, 28, was found dead in his apartment May 13 of what authorities later ruled was a toxic mix of alcohol and Oxycodone. (AP Photo/Hennepin County Sheriff\'s Dept., via The St. Paul Pioneer Press)
MINNEAPOLIS - The brother of Derek Boogaard made his first court appearance Monday on charges stemming from the former NHL enforcer's overdose death in May.
Aaron Boogaard, 24, did not enter a plea during the brief appearance before Hennepin County District Judge Regina Chu. His mother and sister were present, his attorney said. Boogaard is next due in court Aug. 17.
Boogaard faces one felony drug count and one gross misdemeanour count of interfering with the scene of a death. State guidelines recommend a sentence of 21 months of probation.
Prosecutors say Aaron Boogaard told police he gave his 28-year-old brother an unprescribed oxycodone pill at the start of a night of partying that resulted in his death from a toxic combination of drugs and alcohol. They say he flushed the rest of his brother's drugs down the toilet before police arrived at the Minneapolis apartment they shared.
Aaron Boogaard remains free on bail but must avoid alcohol and non-prescribed drugs. Neither he nor his attorney, John Lundquist, commented on the charges after the hearing. Lundquist last week said they would address the allegations in court rather than in the media, and that his client is devastated by his brother's death.
Lundquist did explain Monday why immigration officials put a hold on his Canadian client after his arrest last week. He said the visa that lets Boogaard play hockey in the U.S. doesn't extend to the off-season, and that it's a common problem among players.
Derek Boogaard was one of hockey's most feared fighters during his six years with the Minnesota Wild and New York Rangers. Aaron Boogaard was drafted by the Wild in 2004 but has not appeared in the NHL. He played for the Laredo Bucks of the CHL last season.