Chris Soules’ Motion to Dismiss Felony Charge Denied by Iowa Supreme Court After Fatal Car Crash
An Iowa Supreme Court has denied an appeal in the ongoing case against Chris Soules, multiple outlets report.
The Bachelor and Dancing with the Stars alum was charged with leaving the scene of a car accident last April that resulted in the death of 66-year-old Vietnam veteran Kenneth E. Mosher.
Soules was arrested on April 25, 2016 in Iowa after he allegedly crashed his truck into a tractor, running it off the road into a ditch. His vehicle was later found at a home that he was present at, and Soules allegedly refused to leave until officers obtained a search warrant several hours later.
Iowa State Patrol alleged that he fled the scene, violating the Iowa code that states: “If the accident causes the death of a person, all surviving drivers shall remain at the scene of the accident except to seek necessary aid or to report the accident to law enforcement authorities.”
After entering a not guilty plea in May to the charge, Soules’ legal team filed a motion to dismiss the “failure to remain” charge on constitutional grounds, refuting the last sentence of the Iowa state code.
The attorneys said in court documents obtained by PEOPLE that “because Mr. Soules indisputably stopped his vehicle, returned to the injured driver, contacted law enforcement, provided aid to the injured driver, arranged for medical treatment for the injured driver, remained until emergency personnel responded to the injured party, and provided identification data, the State’s charge must be dismissed.”
Their request to dismiss was denied in January before being brought to the Iowa Supreme Court.
On Friday, the high court denied the request to hear the appeal, Fox-6 reported. They issues a brief statement obtained by USA Today, that read: “Upon consideration, the application for interlocutory appeal and request for stay are denied.”
Reps for Soules did not immediately respond to PEOPLE’s request for comment.
A date for Soules’ jury trial will be set Monday at a scheduling conference to determine future court dates, NBC affiliate KWCQ-6 reported.
Leaving the scene of a fatal car crash is a class D felony in Iowa. If convicted, Soules could face as many as five years in prison.
Soules was not charged with driving under the influence, though court documents obtained by PEOPLE reveal Soules was in possession of alcoholic beverages/containers.
In June, Soules’ legal team filed court documents, which were obtained by PEOPLE, that stated the former Bachelor did not have alcohol or drugs in his system following the fatal crash.
“A report issued by the Iowa Department of Criminal Investigation’s (DCI) Criminalistics Laboratory, Mr. Soules’ specimens were negative for drugs and alcohol,” his legal team said in the documents.
According to the documents, Soules’ legal team also claims that the following are “not admissible” and has filed a motion that they not be used in reference to the case or presented to a jury: “Any evidence, testimony, reference, or argument that, on the night in question, Mr. Soules: 1) purchased alcohol, 2) consumed alcohol, 2) drove while impaired, or 3) had beer cans in or around his vehicle.”
His team had also requested that Mosher not be referred to a “victim” during the trial. Mosher died at Mercy Hospital in Oelwein after his tractor and the pickup truck crashed, KWWL.com reported.
Many of Soules’ BachelorNation costars are standing behind him, including former Bachelorette Andi Dorfman (Soules became The Bachlor’s leading man in 2015 after appearing on The Bachelorette to compete for the heart of Dorfman).
“Obviously, very tough, very sad situation for him, for all of us to hear about. But he’s hanging in there,” she told PEOPLE Now in January, addings he’s in touch with Soules “pretty often, especially right now” and had lunch with him in September. “He’s got a great family that’s supporting him, great friends.”
