Soules’ defense team seeking clarification on charge

INDEPENDENCE - Attorneys for Chris Soules are asking the Buchanan County Attorney's Office to clarify its case against their client so they can adequately prepare for his defense.

In a motion filed Thursday, Soules' defense teams notes they filed a motion for a bill of particulars earlier this month that would identify the Iowa Code components that Soules allegedly violated, as well as the time and location of Kenneth Mosher's death. The state resisted the motion and Thursday's motion is a response to that resistance.

Soules, 35, was arrested early on April 25 at his home in Arlington after the April 24 crash that killed Mosher, 66, of Aurora. Authorities said Soules was driving south on County Road W45 near Aurora around 8:20 p.m. when his pickup rear-ended a tractor driven by Mosher, who later died at Mercy Hospital in Oelwein. The Buchanan County Attorney's Office later said in court documents that 'empty and partially consumed open alcoholic beverages” were found in and around Soules' truck when authorities arrived on the scene. Soules was seen purchasing alcohol shortly before the crash, according to court documents.

Soules was officially charged with hit and run resulting in death, to which he has pleaded not guilty.

In Thursday's motion, Soules' attorneys note there are several ways the law could be violated and are asking a judge to order the Buchanan County Attorney's Office to clarify which of the 'alternatives” Soules violated.

'Mr. Soules' defense will be markedly different depending on which of the alternatives the State is alleging he violated,” the motion states.

The court documents also state that until someone dies in a crash, a person involved 'has no obligation to remain at the scene, return to the scene or inform law enforcement of his or her location.” Therefore, the defense team is seeking specifics on Mosher's time and place of death.

Soules' trial date has been set for July 19 and his final pretrial conference is scheduled for July 11. If convicted, he could spend up to five years in prison.

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