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Aaron Boogaard’s attorney seeks to dismiss felony charge

Aug 18, 2011, 1:27 AM EDT

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boogaardatmemorial AP

Following up on a very sad story, Aaron Boogaard’s attorney continues to work on his client’s behalf as he attempts to have the felony account of selling a controlled substance dismissed. You may remember that in the weeks after his brother Derek’s tragic death, Aaron was charged with “interference with a death” for flushing pills down the toilet and “third degree sale of a controlled substance” for reportedly attempting to sell Derek’s non-prescribed drugs.

Boogaard’s attorney wants to throw out the felony charge because there was “no probable cause.” From the Star Tribune’s article posted this evening:

“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 next step is for the judge in the case to rule on both the Hennepin County prosecutors and Boogaard’s defense attorney’s motions on October 6. At that point, we’ll know if the case will proceed as a felony trial or if the judge will knock the charges down to a lesser crime. Regardless, the “interference with a death” charge will still be up for argument when the case finally goes to trial.

Just about everyone can agree that this is a horrible story that needs to reach some kind of resolution. Obviously for the family, they want their younger son to be exonerated of any wrong-doing; but still the wounds of the family tragedy remain wide open while the trial slowly trudges along. The family will be able to find closure once the judge has made their decision and the trial has reached its conclusion. The sooner it’s over, the sooner they’ll be able to start the heeling process.

As a side note, the trial and public fallout has the potential to end Aaron Boogaard’s career before it ever got started. Last season, the former 6th round pick racked up 172 PIMs for the Central Hockey League’s Laredo Bucks. It’s clearly a secondary concern at this point, but it’s just another sad footnote to one of the most tragic hockey stories in recent memory.

No matter how this trial and unfortunate incident plays out, our thoughts are with a family that has already had to deal with more sad news than people should have to deal with. In the meantime, we’ll keep you posted as the story continues to develop.

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