According to the documents, they claim that the reality star was seen purchasing alcohol from a convenience store shortly before his accident and that he didn’t properly explain the reasons for having partially consumed open alcoholic beverages in his vehicle.
“Defendant’s Brief in Support of Motion to Dismiss states Defendant made no attempt to obfuscate his identity. However, Defendant did attempt to obfuscate the immediate facts and circumstances surrounding the accident, including a determination of his level of intoxication and an explanation of the 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.”
Prosecutors also say that Soules did in fact leave the scene of the accident without permission before taking to authorities.
“Defendant’s Brief in Support of Motion to Dismiss recognizes the Defendant was to immediately return to the scene of the accident or inform the law enforcement authorities where he could be located,” the documents state. “Defendant did neither. Furthermore, the only permissible reasons for which Defendant could leave the scene of the accident in the first place was to seek necessary aid or report the accident to law enforcement authorities. Iowa Code Section 321.263(2). Defendant did neither after fleeing the scene.”
“Neither Mr. Soules nor his legal counsel will be responding to the numerous tabloid style articles and journalists who have been reporting false and misleading stories by citing ‘unnamed sources,’ ” a spokesperson for Soules tells PEOPLE. “Rather, they will be focusing on presenting the truth, which will reveal how inaccurate and unfair so many of these news accounts have been. We are confident that the fair-minded citizens of Iowa will do what they’ve always done — reserve judgment until all of the accurate information is properly presented.”
On Monday, the former Bachelor star’s legal team filed documents in order to dismiss the felony charge he’s facing for allegedly leaving the scene of the crash. According to documents obtained by PEOPLE, Soules’ legal team asked the court to recognize that he did everything he was legally required to do following his accident that left 66-year-old Vietnam veteran Kenneth E. Mosher dead.
In the documents, it is put forth that they will be submitting as evidence Soules’ 911 call recorded shortly after the deadly car-tractor collision on April 24 with the intention to prove that “Mr. Soules satisfied, as a matter of law, the requirements of Iowa Code 321.261 and 321.263.”
They add, “Because probable cause does not exist to support the charge against Mr. Soules, it must be dismissed.”
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Soules’ legal team released a statement following the crash, stating that Soules contacted law enforcement and clearly identified himself at the time of the crash, attempted to resuscitate the victim and remained on scene until paramedics arrived.
“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,” the statement reads. “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.”
Mosher was laid to rest on Monday at in Madison Township Cemetery near Aurora, Iowa.