The empty and partially consumed, open alcoholic beverages found in and around Chris Soules' vehicle after a fatal crash last week were purchased "shortly before the accident," according to court documents filed Tuesday.

In the documents, the Buchanan County Attorney’s Office called the motion by Soules’ lawyers to dismiss the felony charge against him “premature.” Soules' attorneys filed that motion Monday.

The county prosecutor's resistance to the motion says Soules was seen buying that alcohol at a convenience store before the crash.

In denying Soules’ lawyers' claim that he made no attempt to "obfuscate his identity" when he offered his name and his role in the crash to 911 operators, the state said he did "attempt to obfuscate the immediate facts and circumstances surrounding the accident.”

Including, the response reads, by not providing 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."

MORE:

The state's response also notes that in addition to identifying himself, Soules was supposed to "immediately return to the scene of the accident or inform the law enforcement authorities where he could be located."

Soules "did neither," the state wrote. "Furthermore, the only permissible reasons for which (Soules) could leave the scene of the accident in the first place was to seek necessary aid or report the accident to law enforcement authorities."

In Soules' almost six minute 911 call, he doesn't say that he planned to leave the scene of the crash, located about a mile north of Aurora, a rural town of about 185. Soules eventually left the scene by walking north and getting into another vehicle, which drove away, Sgt. Scott Bright, spokesman for Iowa State Patrol, told the Register.

Soules, who gained fame on the reality TV show "The Bachelor," was charged with leaving the scene of a deadly crash, a Class D felony. If convicted, Soules could be sentenced to as many as five years in prison.

Kenny Mosher, 66, of Aurora, was killed in the crash when the tractor he was driving was rear-ended by Soules' truck at about 8:20 p.m. April 24.

The county attorney's office had no comment on the motion for dismissal or their response when reached Tuesday. Soules' lawyers weren't immediately available for comment Tuesday.

Sgt. Bright hadn't heard about the attorney's office releasing that Soules purchased alcohol before the crash when called Tuesday and was "surprised (the Buchanan County Attorney) was putting that kind of information out there."

As far as where else Soules was before the crash or whether he had passengers in his car, Sgt. Bright said the Iowa State Patrol doesn't release information "little by little" and will release a full report when the investigation is complete.

"We don't release information or updates bit by bit because when you start releasing information without all the context that causes speculation," he said. "We are not about speculation and rumors, we are about the truth and facts."

The Iowa State Patrol is conducting the investigation into the crash, but the Buchanan Coutny Sheriff's Office issued the warrants in this case, he said.

State Patrol has not interviewed Soules, but plans to do so. They have "three or four" investigators working on this case, he said, but have no time frame for when the report will be released.

"Something happened to cause this wreck," he said. "We don't know if it is alcohol or drugs or texting or what, but that is our job to find the reason behind why this collision happened."

Brandon Brown, one Soules' lawyers, said Monday that the team "believes their brief and argument speaks for itself" and declined to comment further on the motion to dismiss or the case.

The brief Soules' attorney filed says that "it is indisputable that Mr. Soules has not violated" Iowa's laws regarding personal injury crashes because he identified himself and "tried his utmost to resuscitate Mr. Mosher."

"Not only did Mr. Soules satisfy the letter of the law, he satisfied the spirit," the motion reads. "... Because probable cause does not exist to establish Mr. Soules committed the charged offense, the prosecution against him must be dismissed."

MORE: Chris Soules charged with felony in deadly hit-and-run

The state countered by saying the court determined there was probable cause in Soules' initial appearance and that "the filing of the trial information is necessary to charge a defendant with an indictable offense."

"A violation in the complaint stage of the proceedings does not affect the merits of the charge," the response reads, "but only affects the legality of the detention of the accused."

Soules was released on a $10,000 bond April 25 after appearing in court the day following the crash. As a condition of his bond, Soules is subject to electronic monitoring and was asked to give up his passport. Court documents also say that while out of jail, Soules is not allowed to leave Iowa without written consent.

The motion for dismissal and the state's response are just the newest documents in volley of motions and requests already filed in this case. At the request of the defense, two Buchanan County judges last week sealed indefinitely any documents regarding the search warrants that allowed police to arrest Soules and obtain blood and urine samples.

The defense also filed Friday a demand for law enforcement agencies to preserve all communications with the media and with each other regarding the reality TV star's crash. No response to this demand has been filed, Soules' attorneys confirmed.

Prosecutors filed Friday a request for a continuance in Soules' first hearing, which was supposed to be held Tuesday. Soules' attorneys didn’t challenge the motion and Chief District Court Judge Kellyann M. Lekar ordered the continuance Friday.

Judge Lekar was assigned the case Monday on a "preliminary basis," according to court documents. "(F)urther assignment may later be made," the documents read.

Soules’ first hearing has been re-scheduled for 9 a.m. May 10 at the Buchanan County Courthouse in Independence.