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Chris Soules is asking an Iowa district court to drop charges related to his leaving the scene of a deadly April 24 crash with a tractor, saying he did everything he was supposed to do under the law.
Soules, a former star of The Bachelor, called 911 and identified himself after his pickup truck crashed into the tractor. He then tried to resuscitate the driver, 66-year-old Kenneth Mosher, who was transported to a nearby hospital where he was later pronounced dead. Soules stayed at the scene of the crash until emergency responders arrived, but was arrested for leaving the scene of an accident resulting in death.
“For whatever reason, the charging officer failed to include in the Complaint and Affidavit that Mr. Soules provided his name and accident location to the telecommunication arm of law enforcement prior to his departure,” writes attorney Gina Messamer in the motion to dismiss. “Nor did the charging officer mention that Mr. Soules had rendered emergency aid to Mr. Mosher. Ultimately, Mr. Soules’ 911 call establishes probable cause does not exist for the charge against Mr. Soules.”
That 911 call began making the rounds shortly after word of Soules‘ arrest for allegedly fleeing the scene made headlines.
Messamer argues that call is proof that he satisfied Iowa’s legal requirement to identify himself and render “reasonable assistance” to the victim by not only calling dispatch for help but also trying to revive Mosher himself.
“Mr. Soules did not depart the scene until he was assured emergency personnel had the situation in hand,” writes Messamer. “As a matter of law, the State cannot prove Mr. Soules did not render ‘reasonable assistance.'”
Messamer says her client never tried to hide his identity, and it’s clear he left the crash site legally after EMTs arrived. “A surviving driver is relieved of the responsibility of returning to the scene so long as the driver informs law enforcement of the location of the surviving driver,” she writes.
“Not only did Mr. Soules satisfy the letter of the law, he satisfied the spirit,” writes Messamer. “He gave law enforcement on-the-spot identification and location information and reasonably provided treatment to Mr. Mosher. Because probable cause does not exist to establish Mr. Soules committed the charged offense, the prosecution against him must be dismissed.”
Read the motion to dismiss brief in full below.
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