Brian Hickerson’s second attempt to clear felony domestic violence convictions involving Hayden Panettiere was denied three days before the actress died, after prosecutors challenged representations that he was now sober.
At an Aug. 13 hearing in Los Angeles, the prosecution cited a May interview Hickerson gave about his past relationship with Panettiere and alleged that he appeared to be under the influence of a stimulant. Court records obtained by PEOPLE show prosecutors also pointed to his 2025 encounters with law enforcement while opposing the petition.
Hickerson had asked the court to dismiss two felony convictions for corporal injury to a spouse or cohabitant from a domestic violence case in which Panettiere was a victim. Judge Olivia Rosales rejected the request, saying Hickerson had not remained free of new offenses.
The hearing took place three days before Panettiere died at age 36 in Greenville, South Carolina. Her death remains under investigation, and authorities have not established any connection between the allegations raised during Hickerson’s court hearing and the circumstances of her death.
The Prosecutor Used Hickerson’s May TMZ Interview to Challenge His Sobriety Claim
The interview cited in court was conducted by TMZ’s Charlie Neff in May, ahead of the publication of Panettiere’s memoir, This Is Me: A Reckoning. In the original TMZ interview, Hickerson discussed Panettiere’s account of their abusive relationship and acknowledged conduct described in the book, including an incident in which he threatened her with a phone. “I did it. I did it,” Hickerson said while discussing that episode.
At the August hearing, the prosecutor offered a separate assessment of Hickerson’s appearance in the approximately 15-minute interview, alleging that he seemed “quite high on what appears to be a stimulant” and was “very, very clearly not sober.” According to PEOPLE’s account of the court record, the prosecution considered that relevant because Hickerson’s attorney had represented that he was seeking relief from the convictions in part because he was now sober.
The Los Angeles County District Attorney’s Office later said prosecutors did not believe Hickerson’s attorney had been aware of the interview or the evidence they believed called his sobriety into question. Hickerson has not publicly responded to the prosecutor’s characterization of his condition in the footage.
Two 2025 Arrests Added to the Prosecution’s Opposition
The D.A.’s Office also cited two incidents from August 2025. The first occurred at Barney’s Beanery in West Hollywood, although authorities gave slightly different dates. Prosecutors identified Aug. 2, while the Los Angeles County Sheriff’s Department said the arrest occurred on Aug. 3. The case was later declined for prosecution because of insufficient evidence.
Hickerson was arrested again on Aug. 6, 2025, and charged with one misdemeanor count of being under the influence of a controlled substance. He received judicial diversion requiring him to attend 10 Narcotics Anonymous sessions, obey all laws and abstain from drugs and alcohol.
In January 2026, Hickerson submitted proof that he had completed the required sessions and had no newly reported law-enforcement contact during the period reviewed by the court. A judge found that he had successfully completed diversion and dismissed the misdemeanor charge.
The prosecution nevertheless relied on the 2025 history while contesting his separate request for relief from the older felony convictions. In its statement to PEOPLE, the D.A.’s Office said its opposition was based on the 2025 arrest and what prosecutors characterized as “continued demonstrable drug use.”
The August Hearing Was Hickerson’s Second Attempt in Just Over a Year
Hickerson pleaded no contest in 2021 to two felony counts of corporal injury to a spouse or cohabitant in the domestic violence case involving Panettiere. 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. PEOPLE reported that he ultimately served 13 days in jail.
His first petition to have the convictions dismissed was denied on July 18, 2025, with the court ordering him to wait one year before applying again. Hickerson filed his second petition on July 20, 2026, arguing that he had fulfilled the conditions of his probation.
Neither Hickerson nor his attorney attended the Aug. 13 hearing. After considering the prosecution’s opposition, Rosales denied the petition, stating, “He has not remained free of new offenses.”
Patrick Carey, who represented Hickerson in the matter, later told PEOPLE that he no longer represents him and could not discuss their communications. Sloan Ellis, an attorney currently representing Hickerson, declined to comment on the expungement proceeding.
Panettiere Died Three Days Later in South Carolina
Two days after the court hearing, Hickerson and Panettiere traveled to South Carolina. Panettiere was found unresponsive at a Greenville residence on Aug. 16, where first responders attempted to revive her before she was pronounced dead.
The Greenville County Coroner’s Office said an autopsy found no signs of trauma that contributed to her death, and police reported no indication of foul play. Her official cause and manner of death have not yet been announced while additional testing and investigation continue.
The Drug Enforcement Administration has since become involved in the investigation, according to PEOPLE, but authorities have not publicly identified a suspect or concluded that another person caused Panettiere’s death.
Ellis issued a statement on Hickerson’s behalf on Aug. 20 asking that investigators be allowed to complete their work before conclusions were drawn. “Hayden’s death remains under investigation and it is important to allow that investigation to proceed,” he said.