Hayden Panettiere’s Boyfriend Brian Hickerson Was Called Out by D.A. for Alleged Drug Use 3 Days Before Her Death (Exclusive)
Hayden Panettiere’s Boyfriend Brian Hickerson Was Called Out by D.A. for Alleged Drug Use 3 Days Before Her Death (Exclusive)
Sean MandellFri, August 21, 2026 at 8:51 PM UTC
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(L): Hayden Panettiere attends the 2022 amfAR Gala Los Angeles on November 3, 2022; (R): Brian Hickerson at Los Angeles International Airport on March 2, 2026.Credit: Jon Kopaloff/Getty; LionsShareNews / BACKGRID -
Brian Hickerson’s petition to expunge his domestic violence convictions was denied three days before Hayden Panettiere’s death
Prosecutors opposed the petition, citing Hickerson’s alleged drug use and recent arrests, including one in August 2025
Panettiere and Hickerson were together in South Carolina when she died, with no signs of foul play reported
Brian Hickerson’s alleged drug use was at the center of a hearing over his domestic violence convictions involving Hayden Panettiere just days before her death.
The Heroes star was dating Hickerson, her on-again, off-again boyfriend, when she died on Sunday, Aug. 16, at the age of 36.
Hickerson, 37, was convicted in 2021 of two felony counts of corporal injury to a spouse/cohabitant after pleading no contest in a domestic violence case in which Panettiere was a victim. He was sentenced to 45 days in jail, four years of formal probation, 52 domestic violence classes, $500 in restitution and a five-year protective order. He spent 13 days in jail.
Hickerson filed a petition to expunge the convictions one month ago, on Jul. 20, claiming he had fulfilled the conditions of his probation. Court records obtained by PEOPLE reveal that at a subsequent hearing on Aug. 13, three days before Panettiere’s death, prosecutors opposed Hickerson’s petition, citing his alleged continued drug use.
Neither Hickerson nor his attorney attended the hearing.
Brian Hickerson and Hayden Panettiere attend Showtime PPV Presents ‘Wilder vs Fury’ Heavyweight Championship of the World in Los Angeles on December 1, 2018.Credit: Eric Charbonneau/Shutterstock
At the hearing, the prosecutor argued that Hickerson appeared “quite high on what appears to be a stimulant” and “very — very clearly not sober” in a recent interview. Hickerson had been interviewed by TMZ’s Charlie Neff in May.
The prosecutor said that during the interview, Hickerson “speaks for 15 minutes about the abuse that’s been documented in his victim’s bestselling book, and he makes several admissions about that.”
Hickerson’s apparent condition in the interview was especially significant to his request, the prosecution added, because of his lawyer’s representations that Hickerson “is seeking this expungement because he is now sober.”
The prosecution told the judge, “The defendant picked up a case a year ago. I think it was diverted, but he was high and arrested at a local restaurant in West Hollywood.”
The Los Angeles County District Attorney’s Office later told PEOPLE that Hickerson was arrested in two separate incidents in August 2025. His first arrest that month took place on Aug. 2 at Barney’s Beanery in West Hollywood. The case was declined for prosecution on Oct. 24, 2025, due to insufficient evidence.
Hickerson was then arrested on Aug. 6, 2025, and charged with one misdemeanor count of being under the influence of a controlled substance. “The Court granted Hickerson judicial diversion and ordered him to complete 10 Narcotics Anonymous sessions, obey all laws and to refrain from any drugs/alcohol,” the D.A.’s Office tells PEOPLE.
“On Jan. 14, 2026, Hickerson submitted proof of completion of 10 Narcotics Anonymous sessions. He also did not have any newly reported contact with law enforcement between 12/4/25 and 1/14/26. The Court ruled that the diversion had been completed and his misdemeanor charge was dismissed.”
Hayden Panettiere and Brian Hickerson on January 31, 2019 in Los Angeles, California.Credit: gotpap/Bauer-Griffin/GC Images
At the Aug. 13 hearing, Judge Olivia Rosales denied Hickerson’s petition after hearing the prosecution’s argument, stating, “He has not remained free of new offenses.”
The ruling ended Hickerson’s second attempt in just over a year to clear his felony domestic violence convictions.
Hickerson previously sought to have the convictions dismissed in July 2025, court records obtained by PEOPLE reveal. Prosecutors opposed that request, and a judge denied his petition on July 18, 2025, ordering him to wait one year before filing again.
In a statement to PEOPLE following the Aug. 13 hearing, the L.A. County D.A.’s Office says prosecutors opposed Hickerson’s petition based on his Aug. 2, 2025, arrest and what they characterized as his “continued demonstrable drug use.”
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“Defense counsel told the prosecution they were filing the motion because they believed their client was sober, which is why the prosecution referenced that claim in its opposition, on the record,” the statement reads. “However, the claim of ‘ongoing sobriety’ is undercut by his August 2 arrest, which came just two weeks after his prior motion was denied in 2025.”
The D.A.’s Office adds, “The prosecution does not believe his attorney was aware of the interview, the evidence bearing on his sobriety, or even the August 2, 2025 arrest.”
Patrick Carey, who was Hickerson’s attorney in the case, tells PEOPLE he no longer represents Hickerson and he is “not at liberty to discuss any communications with him.”
Sloan Ellis, another attorney now representing Hickerson, declined to comment.
Hayden Panettiere attends Time Warner Cable Studios and Revolt Bring the Music Revolution event on February 1, 2014 in New York City.Credit: Eugene Gologursky/Getty
Two days after the Aug. 13 hearing, on Aug. 15, Hickerson and Panettiere traveled to South Carolina together. Panettiere died the following afternoon after first responders found her in cardiac arrest at a residence in Greenville, S.C. Hickerson and his brother Zach were at the scene when she died, according to a police report obtained by PEOPLE.
The responding officer on the scene wrote in the report that Zach was “very emotional,” while his brother was not visibly emotional until Panettiere was declared dead. The officer noted that he spoke more “in depth” with Hickerson and stated that Zach referred to Panettiere as his brother’s “girlfriend.”
Ellis issued a statement on his behalf about Panettiere’s death on Thursday, Aug. 20.
“Hayden’s death remains under investigation and it is important to allow that investigation to proceed,” attorney Sloan Ellis said in the statement obtained by PEOPLE. “As has been publicly reported, police confirmed there were no signs of foul play. Out of respect for Hayden’s loved ones and the ongoing investigation, there will be no further comment at this time.”
On Monday, Aug. 17, the Greenville County Coroner’s Office announced an autopsy had been completed and that “no signs of trauma were discovered that would have contributed to the death.” The statement, shared by coroner Mike Ellis, said that the investigation “remains active and ongoing.”
The Coroner’s Office previously told PEOPLE that Panettiere’s remains were released to her family on Tuesday, Aug. 18, and her body was transferred to a mortuary that evening.
Panettiere’s rep confirmed her death in a statement shared on Sunday on behalf of her father, Alan “Skip” Panettiere. “It is with profound sadness that we share the tragic passing of our beloved Hayden,” the statement read. “She was an incredible light and a force of nature who brought immeasurable love and joy to all who knew her — and to the millions who watched her onscreen.”
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The actress was a mom to 11-year-old Kaya, whom she shared with ex-fiancé Wladimir Klitschko. The Ukrainian boxer shared a tribute to her on Aug. 18, writing that he was feeling “profound shock and grief.”
Panettiere was most recently seen with Hickerson in March at Los Angeles International Airport. They were first linked in 2018, a period she described in a 2022 interview with PEOPLE as “a very dark and complicated time in my life,” as she was privately struggling with addiction to alcohol and opioids. “I wanted to party, I wanted to do everything I wasn’t supposed to do,” she said. Hickerson was arrested several times during his relationship with Panettiere, including on domestic violence charges in 2019 and 2020. The pair reportedly broke up in 2022, though the actress later told PEOPLE they had reconnected as friends.
In May 2026, Panettiere published This Is Me: A Reckoning, a candid memoir that chronicled her life in the spotlight, her experience with addiction and the death of her brother, Jansen. The book also included reflections on her relationship with Hickerson.
If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.
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