Chris Soules, former star of reality series “The Bachelor,” is continuing to battle it out in court after he was brought up on charges for his involvement in a fatal accident that claimed the life of a beloved veteran and grandfather.
On April 24, Soules rear-ended 66-year-old Kenneth Mosher, who was driving a tractor just outside the reality star’s hometown in Iowa.
The grandfather was flung into a nearby ditch and was seen bleeding from the mouth. He later died from his injuries.
Soules was charged with leaving the scene of a fatal crash, according to The Waterloo-Cedar Falls Courier.
But now, his lawyers say he shouldn’t have been charged at all. On Monday, they filed a motion to dismiss the case against the 35-year-old.
A 2006 law makes it illegal to flee the scene of a crash. According to the Daily Mail:
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.”
Defense attorney Gina Messamer said that the law is ambiguous. She wrote in the motion to dismiss, as reported by the Courier:
Here, ambiguity arises because the first sentence … does not define how long a surviving driver must remain at the scene. … 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.
Soules did contact authorities and attempted CPR. But police said Soules fled the crash site before they ever arrived, according to the Courier.
— Lauren Moss KWWL (@LMossKWWL) April 25, 2017
Lawyers for the reality star say his actions at the scene were “reasonable,” reports the Daily Mail.
The reason? Messamer wrote in the motion that the reality star attempted CPR and only stopped when he thought it wasn’t helping. She also pointed out that he identified himself on the 911 call.
The fact that these bystanders did not restart CPR indicates they did not believe it would have been beneficial to Mr. Mosher. Their unanimous inaction confirms it was reasonable for Chris not to continue CPR.
After attempting CPR, Soules left the scene and went to his home where he refused to speak to police for hours. But his lawyers claim that he did enough. Messamer wrote:
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.
A hearing for the motion is scheduled for later in November, according to the Courier.
A member of Mosher’s family told People that the incident was a “freak accident” and said they don’t blame Soules for the tragic death.