Hayden Panettiere‘s ex Brian Hickerson was reportedly accused of drug use three days before the actress’ unexpected death at 36.
According to court records obtained by People on Friday, August 21, prosecutors accused Hickerson, 37, of continued drug use amid his efforts to expunge his domestic violence convictions. Neither Hickerson nor his attorney attended the hearing.
During the hearing that occurred on August 13, prosecutors argued that Hickerson’s petition to expunge his two felony counts of corporal injury to a spouse/cohabitant should be denied. (Hickerson was convicted in 2021 after pleading no contest in a domestic violence case involving Panettiere. He was sentenced to 45 days in jail, for which he spent 13 days behind bars, four years of formal probation, 52 domestic violence classes and a five-year protective order. Hickerson also had to pay $500 in restitution.)
At the hearing last week, a prosecutor argued that Hickerson appeared “quite high on what appears to be a stimulant,” claiming he was “very clearly not sober” during a recent interview, per the outlet. The prosecutor alleged that Hickerson spoke “for 15 minutes about the abuse that’s been documented in his victim’s bestselling book, and he makes several admissions about that.” (Hickerson was interviewed by TMZ in May following the release of Panettiere’s memoir, This Is Me: A Reckoning.)
The prosecutor also stated that Hickerson “was high and arrested at a local restaurant in West Hollywood” in August 2025.
Us confirmed that Hickerson was arrested twice within a matter of days, the first time at a bar on August 2, 2025, and again on August 6, 2025. Records show that he was cuffed at 5:14 p.m. on August 2, booked at 5:45 p.m. and released at 3:17 a.m. the following morning. On August 6, he was arrested just before 8 a.m., booked at 9:12 a.m. and released later that evening.
The Los Angeles Sheriff’s Department confirmed to Us that charges for both arrests were “under the influence of a controlled substance.”
According to records viewed by Us, Hickerson did have a hearing on August 13, which was three days before Panettiere’s death. His expungement request was ultimately denied by a judge.
Following the hearing last week, the L.A. County D.A.’s Office told People in a statement that prosecutors opposed Hickerson’s petition “based on the individual’s Aug. 2, 2025, arrest” and what they characterized as his “continued demonstrable drug use.”
Us has reached out to Hickerson’s attorney and the prosecutor in the case for comment.
Panettiere died on Sunday, August 16. She was found unresponsive at a residence in South Carolina by Brian and his brother, Zach Hickerson. Emergency services arrived at the scene to perform “advanced cardiac life support measures,” but the actress was pronounced dead that afternoon.
An autopsy was completed and found “no signs of trauma that would have contributed” to Panettiere’s death, per the coroner’s office. The cause and manner of her death “remain pending further investigation and the completion of additional studies.”
The New York Times reported on Thursday, August 20, that the Drug Enforcement Administration (DEA) was investigating Panettiere’s death.
Brian broke his silence on Panettiere’s death in a statement shared via his attorney Sloan Ellis.
“Hayden’s death remains under investigation and it is important to allow that investigation to proceed,” Ellis told Us on Thursday. “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.”
