Filing lays out potential defenses in Soules trial
INDEPENDENCE, Iowa (CBS2/FOX28) —
A new notice filed by Chris Soules’ defense team lays out the potential defense they use in his upcoming trial.
The filing says that Souls and his counsel reserve the right to rely on the following defenses:
- diminished capacity based upon his then existing medical condition due to injuries sustained
- mistake of law
- and/or mistake of fact
Justia, a website specializing in legal information retrieval, defines mistake of law is a defense that says a person accused of a crime misunderstood or was ignorant of the law as it existed. It defines mistake of fact argues that a person accuse of a crime misunderstood a fact that negates an element of the crime.
The 36-year-old former "Bachelor" star is accused of leaving the scene of a fatal accident after driving his truck into a tractor on April 24. 66-year-old Kenneth Mosher died as a result after his tractor rolled into a ditch. Soules made the original 911 call, but left the scene as first responders arrived. He was found and arrested at his home five hours later. It is unclear what, if any, his injuries were.
Additional motions filed on Friday asked to extended various pretrial deadlines, as well as a request for certain jury instructions to be provided.
A judge is currently considering a motion to dismiss the charge against Soules. He has pleaded not guilty.
If a judge decides not to dismiss the charge, his trial is scheduled to start Jan. 18.