Prosecution Says Alcohol Containers Found in Soules’ Vehicle
Monday, Chris Soules' attorneys asked for the charge against their client be dismissed. The Buchanan County Attorney's response provides new information on the case.
Chris Soules was arrested and charged with 'Leaving the Scene of a Deadly Accident' in the early morning hours Tuesday, April 25 after an accident involving a pickup rear-ending a tractor the night before. Authorities allege Soules was driving the pickup involved in the crash. The accident killed 66-year-old Kenneth Mosher of Aurora. His funeral was held yesterday in Oelwein.
Court documents filed in the case by Buchanan County Attorney Shawn Harden cover eight different points. WHO shows that point number eight says that not only were alcoholic containers found in Soules' vehicle, it also states he had been seen buying them shortly before. It reads,
"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."
Points six and seven are below, via WHO, also regarding the "Defendant's Brief in Support of Motion to Dismiss."
... Although excluded from the passage cited by the Defendant, the Iowa Supreme Court in Sebben provided that “[o]rdinarily, it will be for the trier of fact to say whether the driver has fulfilled this duty [referring to the duty imposed by Iowa Code Section 321.263].” Sebben, 185 N.W.2d at 776.
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. 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.
Soules will be in court one week from today, on May 9.