Judge dismisses felony charge against Derek Boogaard's brother

Derek Boogaard
In this file photo from Dec. 9, 2009, Minnesota Wild left winger Derek Boogaard warms up before a game in Denver.
David Zalubowski/ASSOCIATED PRESS

MINNEAPOLIS (AP) - A Minnesota judge has dismissed a felony charge against the brother of hockey enforcer Derek Boogaard in the player's overdose death earlier this year.

Aaron Boogard was accused of giving his brother an oxycodone pill at the start of a night of partying that led to Boogaard's death May 13 at age 28. Aaron Boogaard was charged with unlawful distribution of a controlled substance.

Hennepin County District Judge William R. Howard tossed out that charge on Thursday. He said the facts of the case didn't support the charge.

Aaron Boogard still faces a misdemeanor charge for allegedly flushing evidence down a toilet.

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