The original story was released at about 9:00 Thursday night. It explains how Derek Boogaard's brother, Aaron Boogaard has been arrested Wednesday on drug related charges concurrent to the same night that Derek died.
Medical examiners ruled that Derek Boogaard's death was from an accidental mix of alcohol and the painkiller oxycodone, a schedule II drug. His family issued a statement shortly after his death acknowledging that the Derek struggled with addiction issues.
The family initially said that the arrest was not related to the death.
Well, now we hear a different story from the Hennepin County District Attorney in Minneapolis.
At 3:00 today, news agencies reported Aaron Boogaard was charged with unlawful distribution of a controlled substance related to the death of Derek.
Aaron Boogaard won’t face more serious charges because prosecutors can’t prove the pills directly caused Derek Boogaard’s death.
Derek had apparently just gotten out of a drug rehab center the day before the overdose.
He played for the New York Rangers at the time of the death, but was at his home in Minnesota at the time of his death. He also played for the Wild for most of his NHL career.
Aaron may still be charged with additional crimes, including prescription fraud and illegal possession of prescription pills. These were the original suspicions Aaron was arrested for. Even if not, he may still have a hefty prison sentence. The Minnesota County Attorney's Association have adopted a position of punishing offenders harshly, including lenghty prison sentences and manditory minimums.
Well, the state of Minnesota agrees and has some pretty strict laws about it. You can read the laws here. But some highlights include Minnesota 2010 Statue 152.025, Controlled Substance Crime in the Fifth Degree.
Here's the whole thing with things you should really look at in bold:
Subd. 2.Possession and other crimes.(a) A person is guilty of controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
What?
Basically, I looked at the 5th Degree of possession because that's what he will most likely be charged with. The others appear more to be geared towards those with large amounts, probably with intent to sell.
Now, all that prison sentence and fines are assuming it's his first conviction. If not:
(b) Except as provided in paragraph (c), if a person is guilty of a controlled substance crime in the fifth degree and the conviction is a subsequent controlled substance conviction, the person convicted shall be committed to the commissioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
There is a provision that would grant some leniancy:
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by paragraph (b). The motion must be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.
Basically, Aaron is in trouble.
TTFN
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