INDEPENDENCE, Iowa (KCRG-TV9) -- Records from the State of Iowa say the motions to dismiss filed by Chris Soules and his attorneys on September 19 and November 13, 2017, have been denied.
Judge Andrea Dryer has denied a motion by Chris Soules and his attorneys to dismiss the charge of leaving the scene of a deadly accident.
The paperwork for the ruling was filed on January 5, 2018.
Soules' attorney released a statement Friday afternoon, saying Soules did "everything in his power to assist" Mosher.
The statement continued, "Mr. Soules and his attorneys vigorously disagree with the judge's ruling and plan to appeal to give the Iowa Supreme Court the opportunity to review this important issue."
Former Bachelor Chris Soules call to 9-1-1 after a fatal crash proves he did all that was legally required of him, his attorneys argued Monday.
Soules appeared in court in Independence on a motion to dismiss a felony charge of leaving the scene of a fatal crash. Soules pick-up hit a tractor in Buchanan County last April, killing the tractor's driver, Kenneth Mosher, 66 of Aurora.
After the hearing, a judge granted Soules' request to remove an ankle monitoring bracelet as part of his pre-trial release.
During the hearing. Soules attorneys played 9-1-1 audio of the former Bachelor calling for help and waiting for paramedics to arrive to try to help Mosher.
"He then did the morally and legally responsible thing by staying on the scene and remaining on the scene of the accident until emergency governmental authorities arrived,” Soules' attorney, Robert Montgomery, argued. He added that is all that is legally required of Soules, saying Iowa code does not say Soules needed to specifically wait to talk with law enforcement before going home.
“Where’s that in this statute. It’s nowhere in the language of this statute your honor," Montgomery argued.
But Prosecutors argued Soules left too quickly, after just 14 minutes, not giving law enforcement enough time to assess and investigate the situation properly.
“People who have a fender bender are at a crash scene longer than Mr. Soules,” Assistant Iowa Attorney General Scott Brown argued. “because this is a fatality it is necessary for law enforcement to at least have a face to face interaction with those that are involved.”
The judge did not give a timeline to make a ruling.
Soules’ attorney Alfredo Parrish told TV-9 his client is still stressed from the accident.
“It’s tragic, it’s his neighbor. He’s still quite distressed by the whole matter and obviously facing charges as a result where he tried to comply with everything that was necessary under the law, all that is a very distressful situation for any citizen,” Parrish said.
We asked to speak with Brown, but he said he cannot comment on pending cases.
A judge will decide whether or not to dismiss the case against Iowa Bachelor star Chris Soules.
Soules is charged with leaving the scene of an accident resulting in death. He's accused of crashing into the back of a tractor on April 24 near Aurora. Kenneth Mosher, 66, was driving that tractor and died at the scene.
Soules did call 911, but authorities say he left the scene before they arrived.
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