Prosecution: Soules wasn't clear about the facts, Hearing pushed - KWWL - Eastern Iowa Breaking News, Weather, Closings

Prosecution: Soules wasn't clear about the facts, Hearing pushed back a day

Posted: Updated:

FILED TODAY:  Prosecutors answer the motion to dismiss the charges against Chris Soules.

Soules, who became well known for starring in "The Bachelor," was involved in a deadly crash last week in Buchanan County.

Investigators say his truck ran into the back of a tractor, driven by Kenny Mosher.  Mosher was killed.

Soules has been charged with leaving the scene of a deadly crash.

Investigators say he left before law enforcement got to the scene.

On Monday, his attorneys filed a motion to dismiss the case saying Soules offered "reasonable assistance" after the crash.  They pointed to the 911 call he made to report the crash.

Today, prosecutors called the motion, "premature" and say they believe there is probable cause for the charges against Soules.

They say the only way Soules would've been allowed to leave the scene was to go get help or report the crash to law enforcement.  They said Soules did neither one after he left.

They also says Soules wasn't clear about the facts and circumstances surrounding what happened, including his "level of intoxication" and explaining the empty and open alcoholic beverages in and around his truck that he was seen buying at a convenience store shortly before the crash.

A preliminary hearing is set for May 10th at 9 a.m.

*********************************************************

NEW INFORMATION:  This morning, the attorneys representing Chris Soules filed a motion to have the charge against him dropped.

Soules, who became well known for starring in "The Bachelor," was involved in a deadly crash last Monday night in Buchanan County.

Investigators say his truck ran into the back of a tractor, driven by Kenny Mosher.  Mosher was killed.

Soules was then charged with leaving the scene of a deadly crash.

His attorneys say the case must be dismissed because Soules called 911 after the crash happened.

They say the law states that someone can be charged in a case like this if they do not identify themselves, offer "reasonable assistance" or report it to law enforcement.

They say the 911 call he made shows he satisfied the "letter of the law."

His attorneys say since there's no probable cause, the charge must be dropped.

Law enforcement officers say Soules left the scene before they got there.

His preliminary hearing is set for May 9th at 2 p.m.

***********************************************************

UPDATE: Chris Soules' Preliminary Hearing is scheduled for May 9th at 2:00 p.m at the Buchanan County Courthouse. 

Soules' attorneys have also filed a demand to preserve evidence in this case. His attorneys have asked for items such as press releases, emails and social media posts from the Buchanan County Attorney, Department of Public Safety and the Sheriff's Office to be preserved. 

See the order below: 

Read the order for the hearing continuance here: 

------------------------------------------------------------------------------------------------

UPDATE: We now have new information on Chris Soules. According to a court document we received, the state has filed a motion to continue the preliminary hearing, which was schedule for Tuesday. According to court documents, Soules' attorney offered no objection. 

According to court documents, all search warrants involving this case, have been sealed to keep from "jeopardizing the investigation, impede the administration of justice, and possible infringe upon the rights of persons involved to receive a fail trial." 

---------------------------------------------------------------------------------------------------

As investigators comb through details in the deadly crash involving former Bachelor star Chris Soules, his new attorneys come to his defense in a statement released Thursday. 

Iowa State Patrol says there are still many details they're handling in the deadly crash. Reports indicate Soules' phone is also a part of the investigation. 

Iowa State Patrol Sergeant Scott Bright says a key part of gathering all the details is pinpointing where exactly Soules was coming from. 

"I rear-ended a guy in a tractor," said Chris Soules when he called 911 before allegedly taking off.

Police scanner traffic reveals what happens shortly after the moment of impact. 

"One of the subjects just took off northbound in a red duramax truck. I believe the name of the subject is Chris Soules, that's the name of the subject that took off."

Investigators are piecing together evidence of the 911 call and moments before and after. Who Soules took off with is still a big question for investigators. 

New details also reveal Soules and Mosher have farm land next to each other.   

Skid marks are still visible from the scene of the accident. Investigators say they're still looking into what exactly transpired to cause Chris Soules to crash into Kenny Mosher's tractor.

For the first time, Soules new attorneys Alfredo Parrish, Brandon Brown, and Gina Messamer of the Des Moines, Iowa law firm Parrish Kruidenier, coming to his defense in a statement released Thursday afternoon:

Chris Soules has retained attorneys Alfredo Parrish, Brandon Brown, and Gina Messamer of the Des Moines, Iowa law firm Parrish Kruidenier to represent him. Brown recognized the heightened level of interest because of Soules’ celebrity status, but asked that members of the public do not prejudge this case based on media coverage. Soules’ 911 call, released yesterday, proved that the initial knee-jerk coverage of this accident was incorrect.

While initial reports suggested Soules fled the scene, the 911 call confirms that Soules in fact was the one who contacted law enforcement immediately. 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’ attorneys are exploring the possibility of a gag order to prevent further misinformation from prejudicing Soules’ right to a fair trial.

Soules’ legal team is working to gather all of the evidence and review the facts of this tragic collision. They have already filed a demand asking law enforcement to preserve possible evidence and anticipate filing additional motions next week. His attorneys are confident that once all the evidence is made public, it will show Soules acted reasonably and did everything in his power to provide aid to Mr. Mosher.

Due to the nature of the pending charges, neither Soules nor his counsel will be making any statements at this time. Soules and his family request that their privacy and the privacy of Mr. Mosher’s family is respected. Everyone in this close-knit farming community is mourning Mr. Mosher’s passing. Soules offers his sincere condolences to the Mosher family.

Powered by Frankly