Lawyers for Bachelor star Chris Soules, who has been accused of fleeing the scene of an accident, have demanded that an Iowa court drop charges against him.
Soules was charged after an April accident in which he rear-ended a tractor being driven by his neighbor, Kenneth Mosher, 66. Mosher’s vehicle crashed into a ditch and he died on the scene.
On Wednesday Soules’ lawyers said in a motion that the reality TV star had provided CPR to the man as he lay dying, and gave ID to police on the scene before leaving – so his case should be dismissed, The Courier reported.
Chris Soules, Bachelor star (seen leaving court in September) should not go to trial for fleeing the scene of an accident that killed his neighbor, his lawyers said, because he called 911
Soules performed CPR on Kenneth Mosher (seen with family) after April’s accident. Soules’ lawyers said it was ‘reasonable’ for him to stop after blood came from Mosher’s mouth
Police say that Soules fled the scene of the crash – and Mosher, a grandfather – near the rural city of Independence, before officers arrived.
He returned home and refused to open his door to cops until they got a warrant, police claims.
Mosher died after his tractor was rear-ended by Soules. Soules left his name with 911 and left before cops arrived. His lawyers have made a motion to dismiss the charges
But his lawyers said that he had acted reasonably at the scene, calling 911 and identifying himself, then providing CPR – albeit in vain – before departing.
‘Four other individuals were on the scene with Mr Soules nearly immediately, but Mr Soules nevertheless took it upon himself to try to revive Mr. Mosher,’ wrote defense attorney Gina Messamer in the filing.
She said that one of the others was also kneeling alongside Mosher, while the other three stood nearby.
‘Tellingly, after blood began coming from Mr Mosher’s mouth and Mr Soules stopped CPR, none of the other four individuals on the scene restarted CPR.’
She said that their ‘unanimous inaction’ suggested that they all believed CPR wouldn’t help Mosher – and so Soules’ decision to stop was ‘reasonable’.
They added: ‘Because the minutes of testimony indisputably establish Mr Soules contacted law enforcement, provided identification and ensured medical providers were attending to Mr Mosher before he departed the scene, he did not commit the charged offense and it must be dismissed.’
Although it’s illegal under a 2006 state law to flee the scene of an accident, Messamer said that the law is worded to allow people to depart in order to report the incident or get help.
Cops say Soules refused to come out of his home until they got a warrant. His lawyers say the law is ‘ambiguous’ about how long people must stay at a crash scene
According to the law, ‘The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident,’ it says.
But the ability to call for help using cellphones rather than physically leave complicates things, she wrote.
‘Here, ambiguity arises because the first sentence … does not define how long a surviving driver must remain at the scene,’ she wrote.
‘The legislature would not have intended for a surviving driver to remain at the scene forever if the driver had no cause to leave to seek aid or notify law enforcement.’
A hearing on the motion to dismiss is scheduled for November 27. A tentative date for the trial has been set for January.