Chris Soules' legal team is seeking information from prosecutors that could lead to a dismissal of his fatal car crash case in Iowa.
The Bachelor star had last week pleaded not guilty to leaving the scene of a fatal accident, a Class D felony that could lead to a five-year jail sentence. Last month, police said Soules rear-ended a 66-year-old tractor driver named Kenneth Mosher, who was injured and soon passed away at a hospital. The reality star reported the accident to authorities—as heard in a released 911 tape. He was arrested at his home the following morning and charged with allegedly fleeing the scene.
Last week, a judge denied a motion filed by Soules' attorneys to dismiss his felony charge. Soules' attorneys recently filed a motion for a bill of particulars that would identify the Iowa Code components that Soules allegedly violated and also asked for the official date and time of Mosher's death.
Under Iowa law, a driver involved in a fatal accident must "remain at the scene of the accident except to seek necessary aid or to report the accident to law enforcement authorities."
The state responded, saying the information requested was "not essential to the preparation of a defense." The lawyers replied this week, saying, "As charged, the Trial Information is "so general in [its] nature that [it] does not fully advise [Soules] of the specific acts with which he is charged."
"Until there is a fatality, a person involved in an accident has no obligation to remain at the scene, return to the scene, or inform law enforcement of his or her location. The time and location of the fatality thus is an element the State must prove to convict Mr. Soules under Iowa Code," his lawyers state in their response. "Mr. Soules is entitled to be informed of the time and location of the fatality so that he is able to file a motion to dismiss, if appropriate."
Buchanan County Sheriff's Office
Court documents filed earlier this month stated Soules had "empty and partially consumed, open alcoholic beverages located in and around his vehicle that he was seen purchasing at a convenience store shortly before the accident and that he was seen purchasing alcohol shortly before the crash. He was not charged with a DUI.
The lawyers had said last month they "have already filed a demand asking law enforcement to preserve possible evidence." They said they "are confident that once all the evidence is made public," it will show the he "acted reasonably and did everything in his power to provide aid" to Mosher.
"While initial reports suggested Soules fled the scene, the 911 call confirms that Soules in fact was the one who contacted law enforcement immediately," the attorneys said. "During the call, he clearly identified himself and explained his role in the terrible accident. Soules attempted to resuscitate Mr. Mosher and remained on the scene with him until emergency medical personnel arrived."
Soules has kept a low profile since the accident. However, a fan spotted him at an auto parts store in Iowa last week.