INDEPENDENCE -- If a judge lets stand the charge of leaving the scene of a crash that turned fatal, former reality TV star Chris Soules will claim diminished capacity based on a medical condition and a mistake of law or fact, according to a new court document.
The notice of defense filed Friday in Buchanan County doesn’t explain his “then existing medical condition” except to say it was due to “injuries sustained.”
The document also doesn’t explain the “mistake of law,” but Soules’ attorneys last month asked a judge to toss his charge, claiming Soules did what the law required.
Soules, 35, of rural Arlington, is charged with leaving the scene of an April crash that killed Kenneth Mosher, 66, of Aurora. Authorities said Soules’ truck rear-ended Mosher’s tractor north of Aurora, and Soules left before law enforcement arrived.
Court documents state “empty and partially consumed open alcoholic beverages” were found in and around Soules’ truck when first responders arrived. Soules also was seen purchasing alcohol before the crash, authorities said.
Soules’ attorneys, however, have said two separate urine and blood samples tested by the Iowa Division of Criminal Investigation Crime Lab were negative for drugs or alcohol.
Authorities said after leaving the crash scene, Soules went home and refused to exit his house until authorities obtained a search warrant. Soules was not taken into custody for hours after the crash.
Soules’ defense last month asked 1st Judicial District Judge Andrea Dryer to toss out the charge. The defense argued he called 911, identified himself and performed CPR on Mosher before leaving.
The prosecution argued the law requires drivers to remain at the scene with two exceptions — to seek help or to report the emergency to law enforcement.
Dryer hasn’t ruled on the motion to dismiss.
Soules’ trial is set for Jan. 18. If convicted, he faces up to five years in prison.