Legal experts explain whether Hayden Panettiere's death could lead to criminal charges

Hayden Panettiere’s sudden death has triggered a broader investigation, with the Drug Enforcement Administration (DEA) joining local authorities in examining what happened.

The 36-year-old actress was found unresponsive at a residence in Greenville, South Carolina, on Aug. 16. Emergency responders reportedly attempted to revive her, while dispatch audio referenced a possible overdose and cardiac arrest.

An official cause of death hasn’t yet been released, and authorities have said there were no initial signs of foul play.

The DEA’s involvement doesn’t necessarily mean criminal charges are imminent. Nathan Williams, a federal and state criminal defense attorney, said federal and local agencies frequently investigate suspected overdose deaths together before deciding whether prosecution is appropriate.

Attorney James Griffin , who isn’t involved in the case, believes the DEA’s participation could indicate investigators are looking into whether fentanyl was involved.

“In my view, the DEA has joined the investigation because Hayden’s death is possibly fentanyl related,” Griffin told People.

“There are significantly greater penalties under federal law for fentanyl-related death cases, and fentanyl drug cases are a federal law enforcement priority in South Carolina and elsewhere.”

South Carolina has its own fentanyl-induced homicide law, which took effect in May 2025.

Under the statute, a person who knowingly and unlawfully provides fentanyl or a fentanyl-related substance can face up to 30 years in prison if the drug is found to be the proximate cause of another person’s death.

What would investigators need to prove?

The central questions will be whether drugs caused Panettiere’s death and, if so, who supplied them. Investigators would need evidence connecting a specific person to the substance as well as medical evidence establishing that the drug caused the fatal outcome.

That could depend heavily on autopsy and toxicology results, along with conclusions from a medical examiner or toxicologist. If multiple substances were present, determining exactly what caused the death could become more complicated.

Authorities could also examine text messages, phone calls, electronic devices, surveillance footage and witness accounts. Such evidence may help establish where drugs originated and whether they passed through several people before reaching Panettiere.

The investigation could therefore extend beyond an alleged direct supplier. Prosecutors may examine the broader chain of distribution and the knowledge or actions of everyone involved.

Still, investigators haven’t publicly identified anyone as a suspect, and being present when someone dies doesn’t by itself establish criminal responsibility.

Brian Hickerson, Panettiere’s on-and-off boyfriend, and his brother were reportedly at the residence. Hickerson’s attorney has urged people to allow the investigation to proceed, noting that police have confirmed there were no signs of foul play.

The case remains open for the time being. The official cause of death and toxicology findings could prove critical in determining whether prosecutors have enough evidence to pursue charges.