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Aaron Boogaard charged in brother Derek's death [UPDATE]

Aaron Boogaard, the younger brother of beloved Minnesota Wild tough guy Derek Boogaard, has been charged for selling the drugs that are blamed for Derek's death.

Boogaard, 24, is charged with the a third-degree controlled substance crime, a felony, and intereference with a death, a gross misemeanor. Police confirmed that the charges against Boogaard stem from his brother's death, but a lawyer for the family has denied that the charges are related.

Derek Boogaard died May 13 of a toxic combination of alcohol and Oxycodone, according to the Hennepin County medical examiner.

Aaron was arrested yesterday, and is now in Hennepin County Jail on $10,000 bail. In a press conference Thursday afternoon, Hennepin County Attorney Mike Freeman said Aaron Boogard wouldn't be charged with manslaughter in the case because Aaron only gave Derek one pill, and Boogard took more of the drugs on his own.

"Minneapolis police has done a very thorough investigation," Freeman said. "We considered all other charges."

Aaron Boogaard is now also the subject of scrutiny from Immigration and Customs Enforcement, which has placed a hold on the Candian citizen's immigration status due to suspected violations.

Freeman said he didn't know details about ICE's investigation of Boogaard, but acknowledged that he knew they were looking into him.

After his death, the Boogaard family disclosed that Derek had battled substance abuse problems for years, and he had twice gone into treatment for addiction. Derek had just returned from a rehab clinic in Los Angeles the day before he died, and wanted to go on a "binger," according to the complaint.

Aaron Boogaard told police he'd been holding Percocet and Oxycontin for Derek. Aaron told police that he thought the painkillers were being shipped in from New York.

Derek had been out drinking at several clubs the night before his death.

Aaron gave only one Percot pill to his brother, and told police that he often held painkillers for his brother and gave them to him one at a time. But on the night before his death, Derek took more of the painkillers on his own.

Freeman said Derek Boogaard had "a lot" of alcohol and "a lot" of Oxycodone in his system when he died.

After driving to the airport to pick up a third brother, Ryan, Aaron returned to the Warehouse District apartment the brothers' shared and found Derek unresponsive. Aaron Boogaard is charged with interference with a death for flushing the rest of the pain pills down the toilet after finding his brother unconscious.

The maximum penalty for third-degree sale of a controlled substance is 20 years in prison and a fine of $250,000, while interference with a death, a gross misdemeanor, carries a maximum penalty of 1 year in prison or a $3,000 fine.

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