Prosecutors accused Brian Hickerson of ongoing drug use during a court hearing held three days before the death of his ex-girlfriend, actress Hayden Panettiere, according to court records obtained by People magazine.
The hearing took place on Wednesday, August 13, as Hickerson, 37, sought to expunge two felony convictions for corporal injury to a spouse or cohabitant. Neither Hickerson nor his legal representative appeared at the proceeding. Panettiere, 36, died three days later on Sunday, August 16.
During the August 13 hearing, a prosecutor contended that Hickerson appeared under the influence of stimulants in a recent media interview, stating he was clearly not sober, People reported. The prosecutor characterized Hickerson as appearing quite high on what seemed to be a stimulant during the interview, which occurred in May following the release of Panettiere's memoir, This Is Me: A Reckoning.
The prosecutor further alleged that Hickerson spoke for 15 minutes about documented abuse detailed in his victim's bestselling book and made several admissions during the interview with TMZ, according to People.
Prosecutors also referenced an August 2025 incident in which Hickerson was arrested while allegedly under the influence at a West Hollywood restaurant. Records confirm Hickerson was arrested twice within days of each other last August. The first arrest occurred at a bar on August 2, 2025, at 5:14 p.m., with booking at 5:45 p.m. and release at 3:17 a.m. the following morning. The second arrest happened on August 6, 2025, just before 8:00 a.m., with booking at 9:12 a.m. and release later that evening.
The Los Angeles Sheriff's Department confirmed charges for both arrests were for being under the influence of a controlled substance.
A judge ultimately denied Hickerson's expungement petition. Following the hearing, the Los Angeles County District Attorney's Office stated that prosecutors opposed the request based on Hickerson's August 2, 2025 arrest and what they described as his continued demonstrable drug use, according to People.
The convictions Hickerson sought to expunge stem from a 2021 domestic violence case involving Panettiere. After pleading no contest, Hickerson received a sentence of 45 days in jail, serving 13 days behind bars. Additional terms included four years of formal probation, 52 domestic violence classes, a five-year protective order, and $500 in restitution.
Panettiere was found unresponsive at a South Carolina residence by Brian Hickerson and his brother, Zach Hickerson, on Sunday, August 16. Emergency services performed advanced cardiac life support measures upon arrival, but the actress was pronounced dead that afternoon.
An autopsy revealed no signs of trauma that would have contributed to Panettiere's death, according to the coroner's office. The cause and manner of death remain pending further investigation and completion of additional studies.
The New York Times reported on Thursday, August 20, that the Drug Enforcement Administration is investigating Panettiere's death.
Brian Hickerson addressed Panettiere's death through a statement issued by his attorney, Sloan Ellis. The statement emphasized that the death remains under investigation and noted that police confirmed no signs of foul play. Ellis indicated there would be no further comment out of respect for Panettiere's loved ones and the ongoing investigation.
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Ava Hart
Ava Hart is a pop culture junkie and loves to share what's happening in Hollywood and what trends are taking the world by storm.
