Th then. Please help me reporter her death was ruled a suicide, but not everyone agreed. I always was afraid he was going to hurt her, always. Always. Reporter did a fight that night lead to something much worse . I knew that ashley wouldnt take her own life. Reporter a troubled woman, or a troubled marriage. That wound on the back of her head isnt where she could do it herself, tom. It is not. It is not. Reporter suicide or murder . I didnt do this. I just knew that my whole world is never going to be the same again ever. Hello and welcome to dateline. It was december 31st, and by all appearances, Ashley Fallis was in the mood to celebrate, a vibrant mother of three, she gathered her friends and family to ring in the new year, but as her guests began to count down to midnight, who could have known they were also marking the last hour of Ashleys Young life. Heres Keith Morrison with after the party. Reporter what is so optimistic as a party on new years eve . What night is hopeful, as full of anticipation as the clean slate midnight brings . It was a small new Years Eve Party. Just family and friends. Reporter disappointment is inevitable, of course. Clean slates no matter how ardently desired are messy too soon. We noticed there was a lot of alcohol out. Reporter still we celebrate possibilities and drown past sorrows and watch the clock that ticks toward our new beginnings and our ends. On december 31st, 2011, an hour north of denver in west evans, colorado, ashley and tom fallis surrounded by friends and family danced to the music that brought them together, their wedding song. They decided to get up and dance in the middle of their living room and everybody watching. With everybody watching. I think i said, oh, this is sweet. Reporter it was their party, ashleys and toms. Shes invited her coworkers like andrea. It was casual, but she like verbally told everyone at work, you should come. Reporter they worked together at a Rehabilitation Hospital where ashley was a respiratory therapist. She was crazy, nice, just full of energy. She was a happy person. She laughed a lot and joked. Reporter their friendship was new, andrea didnt know a lot about ashley but had listened to her chatter about jobs and marriage ass and her three kids, the youngest who was born with a dangerous condition called hydrocephalus which causes dangerous fluid buildup in the brain. Reporter she embraced the challenge said ashleys mom jenna, became a public advocate. She went to washington, d. C. In the fall of 2011 to speak before congress for funding for hydro acce hyd hydrocephalus so she had a full plate. Reporter so did tom for that matter. I liked tom. He was a pretty good guy, very intelligence. Reporter Jeff Rodriguez was toms boss at the weld county jail. They were corrections officers. He was a good employee. He had a son that was sick so he did miss more work than most fellow officers liked. Stressful caring for a sick child, so maybe their new Years Eve Party was a way to hope for better times and take a break, too. Ashleys adoptive dad joel was at the party. There was dancing going on and people were having a good time. Reporter and ashley seemed to be having a fine time said andrea. She and tom seemed to be getting along fine. They seemed to be getting along fine. Reporter thats when ashley and andrea went off into the kitchen, had a little party of their own. What were you drinking . Jungle juice and jello shots. Oh, my. Yeah. I was having a good time. I intended to have a good time. Reporter there was one unusual thing, though, said andrea, ashley had just gone through something kind of awful. She found out that she had a miscarriage that day and i said oh, im sorry. Are you okay . Oh, yeah, its fine. Did that strike you as odd . No, i dont think it was odd. Was she unhappy of the miscarriage . My impression of it is she already had her beautiful family. It seemed like her life was already complete, so i dont think she was devastated that she had found out that she had a miscarriage. Reporter no tears andrea said, just a quick, casual mention, and then the conversation moved on. Went on to talk about other things. Went on to talk about other things, probably went and got another. Jello shot. Jello shot. Reporter midnight arrived there were as there always are kisses and smiles and toasts. By 12 30 the party was over. I gave her a hug, told her bye, we talked about future plans. How did she seem . Happy. Reporter but oh, how quickly the new years clean slate darkened. As an uncle prepared to leave, ashley asked him for a bit of his marijuana to smoke later she said. Tom, the Sheriffs Department employee was furious and reminded ashleys family that her employer required regular drug tests. Was it the which will that amped up the family screaming match . Whatever, ashleys parents had their own recollections. He walks by me, and he says that he hated us all and wished we would all bleeping die, and he went into the bedroom and slammed the door. Ashley came out of the bathroom and was just kind of like whats going on, and were like well, were going to leave. And then shes like hey, im having a Super Bowl Party this a couple of weeks. Dont forget about this. Reporter but ashleys parents were rattled. They drove away and then pulled off to the side of the road to talk. Ashleys mom sent a text to tom. Im like hey, theres kids in the house. Calm down. Which arrived as their young granddaughter was involved in quite another discussion with 911. Can you go open the door and let the officers in . Its open, its open. The new year was less than an hour old and off to a very bad start. Coming up. It was shocking. A frantic race to save a life. What happened in that house . 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I need you to go open the door. Reporter Brian Spencer was a weld county sheriffs deputy back then. He arrived within minutes to discover that the local police, the evans police had beaten him there. I believe there was three there ahead of me, and then there was more sirens, lights, u you could hear them coming. Thats a pretty fast response. Very fast. And this bit of news was going around fast too. This was a sheriffs employee, a jail employee. Its not that that should matter, the effort then was save Ashley Falliss life. This was recorded by a Police Body Camera, shows the paramedics arriving. Chaotic . The scene, very. Frantic, the officers located Ashley Fallis somewhere in the home. Reporter the local police took charge. They asked Brian Spencer to watch the front of the property. Thats when from the post on the front porch he saw tom. Thats him in the white tshirt. He was pacing around the front yard, front sidewalk area, frantic screaming. Screaming what . I heard him say she was dead, a lot of mumbled stuff. He put his hands up over her face screaming, crying. By this time ashleys parents had pulled off the road home to talk and worry about the fight that ended the party. When they heard the sirens, saw the lights flash by headed that way. Something automatically felt bad, and i whipped a uturn. He didnt have the sccar stopped and i was out running to the house. Were you able to see ashley . No, i could hear what was going on. I had all three kids and they were just crying, and crying and screaming. Im crying. It was crazy like a nightmare. I could see blood swatter on the wall, past the bedroom wall. What was that like . Chaos, it was shocking. Did you understand it was your daughter . Yes. I do recall just being hysterically upset and crying and thinking that this cant be happening to my daughter. This cant be happening to us. But yet it was. Reporter inside the master bedroom, ashley was alive but the wounds to her head were catastrophic. The Police Body Camera shows officers kneeling on the floor trying to stabilize her condition. Paramedics went in and they made a decision to do what we call a load and go, which means theyre not going to spend any time doing life support stuff. Reporter ashleys mom jenna huddled with her grandchildren in a neighbors bedroom, listening to it all through a closed door. Is there any way to describe what its like for a mother to be in that situation . No. Your brain does funny things. I just knew that my whole world is never going to be the same again ever. Reporter outside, Brian Spencer watched tom pacing back and forth crying, talking to himself. I notice hes wearing a white tshirt, and hes covered. I believe it was on his left side in a large amount of blood. Reporter it was odd, brian thought that the Evans Police Officers didnt take toms clothes or bag his hands for gunshot residue. He still had evidence on him, and he needed to be preserved. He needed to be controlled. He needed to be processed . And clothing removed, everything. Reporter thats not what happened, not at all, and soon after ashley was rushed off to the er, tom got in the back of a squad car and was driven away, but surprisingly not to the hospital. Coming up, tom tells his story. I heard her gun cock and i looked up and i was like what are you doing . But police dont seem to believe it. The wound on the back of her head isnt where she could do it herself, tom. Oh, [ bleep ]. When dateline continues. Want to brain better . Say hello to neuriva. So nice to meet you june, jay, ji, jj kay, raj, and. Ray good job, brain neuriva is a new brain supplement that combines the best of science and nature, with clinically proven ingredients that fuel five indicators of brain performance focus, accuracy, memory, learning, and concentration. Neuriva its time to brain better. You only talk about your insurancet, when you complain about it. garbled . Its so painful. Good point thats why esurance is making the whole experience surprisingly painless. So, you never have to talk about it. Unless youre their spokesperson. Esurance. Its surprisingly painless. In the first cold dark hours of 2012, Ashley Falliss parents followed an ambulance to the hospital and caught up to her in the icu. We walked in to her bleeding out of everywhere. Reporter there wasnt really any hope. They could see that. She was going to die. I just sat down and held her hand. Reporter but tom wasnt there to hold her hand. Tom fallis was at the evans Police Station answering questions. I dont know whats going on. I have no idea, and thats why im asking to speak with you. Reporter it was 2 00 a. M. And tom was still wearing blood stained clothes, the ones that a sheriffs deputy thought should have already been bagged as evidence. How is your relationship with your wife . Really good. Reporter but said tom, ashley was devastated when she miscarried the very day of her new Years Eve Party. It was hard for ashley. It was hard for me, but i didnt think that it was getting to this point. Reporter still, at the party itself said tom, she seemed all right. They got on fine until the argument about the marijuana. Tom admitted he was furious that ashleys family said he was trying to protect her and they werent. I told ashley, i was like you dont need to get high. I was like if whatever happened today with the miscarriage, i was like it happened. I was like you know what . [ bleep ] your mom, [ bleep ] everybody. Reporter so there was no love lost between tom and ashleys parents. That was clear, and tom admitted that he and ashley kept arguing as they got ready for bed, and then he turned around and went to the closet, he said, and it was all over. When i was in the closet, i heard her gun cock and i looked up. I was like what are you doing . And before i even had a chance to finish my sentence or close the door. There was smoke. I heard it, and it was just smoke. I just ran over to her, and i just grabbed her head. Reporter tom told detectives that sadly he had been worried about just this sort of thing for more than a year because ashley had threatened suicide before. What was she saying that she wanted to do to herself. She wants to end it. Shes like you and the kids would be better off without me. And so she had just said those words but she never acted on anything . No. And so how long never once, never once has she ever grabbed her gun, has she ever loaded it, has she ever made this type of gesture whatsoever. Reporter by this time, while the doctors tried to save ashley, tom had been answering questions for hours. I have to ask these questions that i have to understand i know, but the problem is is that ive been here since fricken what, 2 00, and now its already 5 00 and i dont know whats going on with my wife. Reporter but then the detective noticed Something Else about tom. The scratch mark thats on your chest, what is that . You have like a long, red oh, probably because ive been doing this all night. This one just goes straight across here. I dont know, its just me. Its not okay, so it isnt . I just had to ask. Reporter the detective left the room and spoke with ashleys parents whod arrived with the purpose of telling officers just one thing, their daughter did not shoot herself. We had just seen her seven minutes before this. She was completely fine, you know, she wouldnt do anything like this. Reporter she was in good spirits when they left, she said. She was already planning her next party, but tom, hed always had an awful temper, they said. I always was afraid he was going to hurt her, always. Always. Reporter why . What about him . His temper. You cant go from 0 to 100 and think clearly. I think that he was just in a fit of rage and he shot her. Reporter armed with that new information, the detective went back to talk to tom and zeroed in on those scratches. Officers had given him something clean to wear so they could collect his bloody clothing. And you have scratches on your body. Okay. See this . This is a shaved chest. Do you know how bad this hurt a and itches . So when im sitting there. I do this all fricken day. This is actually her blood. It comes off. See . Oh, my gosh, its coming off. Its her fricken blood. Thats actually a scratch, okay . Thats a scratch. Reporter still, the detective pressed him. He had motive and opportunity she said. So when you went upstairs you were arguing with her, and you know you were arguing with her. Reporter she was also reluctant to believe the shooting happened so quickly, no threats or warning or hesitation. She went from saying im going to do what i want to just pulling yeah, yeah. She did. Im not lying to you. Reporter and when the detective gave a description about the gunshot wound, a description that turned out to be inaccurate, that really set tom off. That wound on the back of her head isnt where she could do it herself, tom. It is not. Oh, [ bleep ]. It is not. [ bleep ] [ bleep ] [ bleep ]. Then quite suddenly in the middle of it all, completely out of nowhere the detective made an abrupt declaration. And i have to let you know your wife did not make it. Your wife did not make it. She was breathing when i was holding her. She was breathing. They told me she was breathing when she left the house. Reporter ashley died while tom was in police custody. I didnt shoot my wife. I didnt shoot the mother of my kids. I didnt shoot the person who i wanted to have another one with reporter what would the police believe, toms story that the shooting was a suicide or ashleys parents story that hed shot their daughter in a fit of rage . Coming up, ashleys family is outraged by the investigations final report. It was incomplete. It was inconsistent, no followup. It was unbelievable. When dateline continues. Compare comcast business to your current provider. My Current Service provider does not provide half of what you provide. And to know that i could save money . Id be thrilled. This sounds like a whole business package, which would be incredible. So what are you guys waiting for . Lets do it. laughs comcast business gives you a full suite of products with great performance and value. Get fast, reliable internet on the nations largest gigspeed network for less than at t. Thats 120 dollars less a year. Better, faster. I mean sign me up. Comcast business. Beyond fast. Im melissa ray burger, breaking news from Southern California where it has happened again, a major earthquake has rocked the region. The 7 7. 1 quake centered near t city of ridgecrest. At this point no reports of fatalities or major injuries. There have been a few fires and structural damage reported in the region along with power outages. Seismologists warn more could be expected. More news at the top of the hour. Welcome back to dateline. Im craig melvin. Though covered in blood and suspicious scratches, tom fallis insisted he did not harm his wife, that she was the one who pulled the trigger. Ashleys parents werent buying it, but would the police . Here again is Keith Morrison with after the party. Reporter Ashley Fallis, 28 years old, wife and mother of three was dead. The gunshot wound in her head unsurvivable. It was suicide said her husband tom. I didnt shoot my wife. I didnt i didnt do this. It was murder said her parents. I had three grandkids that i dearly, dearly loved that i knew in my heart that tom had just killed their mother. Reporter the news of ashleys death spread quickly the morning after the party. I didnt understand what was happening and why because everything was fine that night. As much condition fusing as anything. Very confusing. She was happy, she didnt see suicidal. Andrea, new friend, coworker, Drinking Buddy at the party couldnt shake a feeling. I dont feel like she would have taken her life. Tom was the only other person that was there. So if it wasnt her it had to be him. Right. Reporter before for all their middle of the night questions, the police did not arrest tom. What were they telling you along the way . That they were investigating it. Reporter at ashleys funeral, tom was one of the speakers. Ashley didnt have much patience. And what he said wasnt the sort of thing people expected to hear. She goes i dont care when you do it, where you do it. I want it now. It was an unusual and frankly not very emotional eulogy for reasons only tom might understand. But her parents were furious. When he had that opportunity to speak and share about the woman he socalled loved and called his eternal wife, all he did was degrade her. What was it like to hear that . It was shocking. It was unbelievable. Reporter as the days turned into weeks, tom remained free, ashleys parents became convinced that something about the investigation was not right. Joel and i sat down and said, look, if for some crazy reason she walked in the house and shot herself and they can shot that, we will accept it and support tom. We didnt feel like that was, you know, the case. Reporter they werent alone. Remember on the night it happened, former deputy Brian Spencer saw tom roaming around freely with blood and other potential evidence all over him. Police 101, very basic thing. Any scene that you respond to you want to treat it as the highest level of what it could possibly be. Sure, so he would be a suspect . And he needed to be preserved. He needed to be controlled. Reporter but none of that was done at the scene. Pretty soon ashleys parents began to suspect it was a coverup to protect tom. Perhaps the socalled blue wall of silence looking out for a fellow Law Enforcement officer. Its a hell of an accusation to make, though . It is. It is strong, but that is how we feel. Reporter mind you, the Evans Police Department strongly disagree. Both the coroner and the crime scene investigators issued reports concluding ashleys death was indeed suicide, and remember, tom told the police shed expressed suicidal thoughts before, and she had two close relatives who had taken their own lives, and investigators found prescription psycho tropic drugs in ashleys purse and night stand which tom told him she quit cold turkey without medical supervision when she learned she was pregnant. And so two months after ashleys death her parents got the news they feared. Police ruled her death a suicide. Case closed. It made me angry. It made me angry because i knew i knew that he shot her. I knew that ashley wouldnt take her own life. Once the case closed and we got the Police Report, we realized they didnt do anything. So tell me more about the Police Report and what you didnt like about it . It was incomplete. It was inconsistent. It could have been written by a high school student. No followup. It was unbelievable. Reporter the Evans Police Department declined to speak with dateline on camera but said this about the allegations against them. The investigation we conducted was thorough and complete. A conclusion of suicide was determined after an exhaustive review and analysis of all evidence, physical, forensic and testimonial by all of the five agencies involved. As for ashleys parents, there was nothing more either of them could do apparently. And two years went by during which tom moved to indiana with the kids and enrolled at a local university. And i said to him, tom, murderers always move away. Reporter it was important to ashleys parents to remain close to those three kids so they fought for grandparents rights and tried, they said, to be civil with tom, but they also told anybody whod listen that they believed their daughter had been murdered, like a local reporter. And he said do you mind if i start looking into this, and i said joe and i said no, go ahead, start looking into it. And it didnt take him much. The reporter asked around, talked to neighbors and asked the Evans Police Department to comment on what hed heard. And before you knew it, the chief announced ashleys case would be reopened. I extend my sincere sympathy to the family of Ashley Fallis for their loss and for the revisited grief that can accompany the reopening of a difficult case such as this one. I just started crying because its the catalyst for opening everything up. I finally have someone whos taking it seriously. Denvers fox 31 aired the startling discovery that prompted the new investigation, in particular a neighbor who was only 15 at the time, said he heard tom admit to shooting ashley. Its pretty hard to forget hearing somebody confess to murder and then getting away with it. To prevent any suggestion of taint or coverup, the case was turned over to the nearby Fort Collins Police department. For the next seven months officers talked to witnesses both old and new and hired experts to reexamine forensic evidence and when their work was done, weld county d. A. Michael rourke decided to assemble a grand jury. What i want to do is i want to put all of that information, as much as we can gather, and almost use it as a test run. And they said . And they indicted him. And i got the phone call that they indicted him, and i just started crying. Reporter tom fallis was arrested in indiana, charged with Second Degree murder, and brought back to colorado to stand trial. Ashleys parents were finally optimistic. I believe that they will find him guilty of murdering our daughter. I believe thats going to happen. Have you decided to believe it, or do you really believe it . I really believe it. Coming up, a powerful onetwo punch from the prosecution. I heard him saying oh, my god, what have i done . She said i could hear her screaming. Get off me, get off me. When dateline continues. Now that dream is a reality. Nexium 24hr stops acid before it starts for allday, allnight protection. Can you imagine 24 hours without heartburn . You only talk about your insurancet, when you complain about it. garbled . Its so painful. Good point thats why esurance is making the whole experience surprisingly painless. So, you never have to talk about it. Unless youre their spokesperson. Esurance. Its surprisingly painless. Reporter four years after Ashley Falliss death, her husband tom was on trial for murder. Dan grossman of nbcs denver affiliate kusa was in the courtroom for opening statements. The room was packed. You have ashleys parents who are there, a lot of family members, aunts, uncles, even just people from the public were interested in this case. Reporter the prosecutions allegation was perfectly clear, tom fallis argued with his wife and in a fit of rage shot and killed her. At the conclusion of this case after youve received all of the evidence, you will be convinced beyond a reasonable doubt that it is him who pulled the trigger. Reporter prosecution witnesses said ashley was in high spirits at her new Years Eve Party, not at all suicidal. She was happy the whole night, laughing, smiling. She was dancing with her children, interacting with all the guests. Reporter tom, though, ashleys uncle john testified about toms sudden blowup when he discovered ashley asked him for a joint. And i was sort of taken back by it because everything was fun that night and all of a sudden boom, and i was like whoa. Reporter a neighbor said ashley told her how tom got physical with her. She told me how he had pushed her around before. He had never hit her, but he was physical and pushing her. Reporter d. A. Rourke wanted the jury to hear that tom had a hot temper, that he was volatile. Anger would have been the most obvious motive. Simply lost his temper, gun nearby, bang. Reporter to prove it, the witness, earwitness you could say. Nick glover, the neighbor whose story was reported on television and helped reopen the case. I heard him saying oh, my god, what have i done. Oh, my god, what have i done. Reporter nick was 15 at the time, he said he remembered crouching down inside his house under an open window listening to tom speak to people in his driveway. You can hear one of them, i dont know who it was, say what . What do you mean . And he proceeded to say i shot my wife. Reporter nick said he knew it was tom. You could see him out the window. How certain are you that the voice youre hearing is tom falliss voice . Im 100 . Reporter there was more. Nicks mom kathy glover testified that on the night of the shooting she got a straight phone call from a teenage neighbor around 1 00 a. M. She said please tell me you called the police. And i said no, i didnt. Why . And she said because your neighbor just shot his wife. And i said what . And she said i could hear her screaming, get off me. Get off me. Reporter powerful evidence, and then that neighbor testified, but uhoh. Do you recall telling kathy glover in a phone conversation that same early morning, i hear her screaming get off me, get off me . I do not. She was 16 and drinking that night, she said, so that might explain her faulty memory. Do you recall telling the officer that you heard a female yelling get off of me, get off of me . Did you expect that from her . It didnt surprise me. It hurt you though. It hurt. I thought when you have a Police Officer who interviews her within an hour, hour and a half of this shooting and she is clear as day saying these are the things i heard from my back window, whether she had been drinking that night or not, to me thats the most believable version of events. Reporter so a hiccup perhaps, but then there was the crime scene. Remember, the coroner and the csi officer said at the time that the scene screamed suicide, but this prosecution witness. Name is jonathan w. Priest. Priest is a Forensic Consultant who used a miniature model of the bedroom to show ashleys position. So she has to be here and bent down so shell fit into this trajectory. He was convinced that if ashley shot herself there would be more blood on the floor and surrounding surfaces, not just this one carpet stain. We have indications of bleeding, but the type of injury that were talking about is going to bleed a lot. And thats not the kind of stain i would expect to see if thats what was occurring. Something is keeping that blood from reaching that area. Reporter and he believed that something was tom fallis. Remember, his clothing was drenched with blood and so priest concluded tom and ashley must have been in close contact when the gun went off. Using the prosecutor, he suggested there was a struggle when the shot was fired. I can keep bloodstaining from getting onto the wall or onto the cabinet, and i can lower her continuing to bleed onto my shirt to where i get her in this position. Reporter the prosecution rested its case, and what possible defense could there be . Well, for a start, this. I have so much pain on the inside. I can no longer take it. Reporter a letter, and what a letter it was. Coming up, a troubled marriage or a troubled young woman . What kind of Mental Health issues did you observe Ashley Fallis to be going through . Mood swings, impulsive behavior. 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Please, rise for the jury. Reporter and deciding what must have happened. Did tom kill his wife, ashley, in a fit of violent temper. Or what . Tom did not kill his wife and mother of their three children. Ashley committed suicide. Reporter remember how the prosecution talked of ashleys happy frame of mind . That ashley was a kind of lie, said the defense. Ashley was a beautiful woman. But she had a terrible pain inside. She was mentally ill. Reporter the defense put one of ashleys Close Friends on the stand. What did you know of ashley having a Mental Illness . I knew she was on medications. We spoke pretty in depth about that. Reporter even with medications, the friend testified, ashley had trouble controlling emotions. What kind of Mental Health issues did you observe Ashley Fallis going through . Depression. Mood swings. Impulsive behaviors. Reporter in fact, the defense argued, ashley was so distressed, she wrote this to tom. I have to much pain, i cant take it. I find yourself not liking my children. I have to pretend to be happy. I have to pretend to be someone im not. Please make sure you continue to raise the kids to go to the school we have chosen. I do love them. I cant live this life every long every. Please make sure you let them know every day i love them and this is not their fault. Suicide expert dr. Michael allen studied the letter and ashleys records. Do you have an opinion in this case, whether or not Ashley Fallis was a risk to commit suicide in 2012. Yes. There were many warning sides. Reporter detectives found that there was a history of suicide. Her grandmother and ankle took their own lives. That put ashley at a higher risk of doing the same thing. Two close family members who deci died by suicide, would suggest a genetic prospenpensitropensity. Reporter the defense said it was the miscarriage. That she spent the night masking her night with alcohol. She meant to dull it further with children after the party. Thats why tom was upset. She was vulnerable. He was concerned about her. He didnt want her to add marijuana to this toxic system that was developing inside Ashley Fallis. The defense conceded ashley and tom quarrelled that night but insisted it never got physical. The scratches on toms test, the one that prosecutors believed was proof of a struggle. Dna tests did not match any of that. You did not find any of ashleys dna material from toms chest, correct . Reporter tom told the police why he had the scratches. He had done a little man scaping to spice up his marriage. Thats tom fallis when he has hair on his chest. And on december 17th, 2011, he texted ashley, there you have it. You get your way. Here it is. Thought you might like it. Reporter the scratches, said the defense, because it was itchy. And thats all. As for the one socalled witnesses, to totally unreliable. Just months after the shooting, young nick glover, went camping, of all things, the man who confessed to shooting Ashley Fallis. Did you tell anybody you were uncomfortable being there with tom fallis . I do not recall. Reporter for example, wasnt one but two crime scene analysts. This one believes it was murder. Most people that shoot somebody in an act of rage, they dont stop with one shot. Reporter dan gillom was the crime scene expert. He demonstrated how difficult it would have been for someone as tall as tom to have shot ashley at an angle that matched the bullets trajectory. Is that an unnatural position to be holding the gun in that manner. Mr. Fallis six feet tall. Im six feet also. Reporter after examining all of the ballistic and blood sploter expert, gillom didnt think it was murder. I believe the story that mr. Fallis gave was consist penalty with the testimony given. What happened in that moment after midnight . You will inform the bailiff who will inform me. Reporter they settled in for a wait. This is a threeweek trial. You thought you were coming back the next day to hear the verdict. Reporter but no. Less than four hours later, a verdict. We, the jinjury, find thomas fallis, not guilty of murder. Reporter not guilty. Not murder, after four long years of living under a cloud of suspicion, tom fallis was acq t acquitted of all charges. Reporter he stayed straightfence. His defense attorney was very emotional. But ashleys parents, they left the courtroom quickly. Reporter ashleys parents declined to talk to dateline after the verdict. But they filed a civil lawsuit against several Law Enforcement officers of the Evans Police Department, who may believe falsified and admitted key evidence to make ashleys death look like a suicide. Despite the verdict, they didnted to pursue the case. But in 2017, a u. S. District court issued a final judgment. What about ashleys family . Will they accept it and go on . I dont think they will accept it. To say they were distaugraught would be an understatement. They believe that tom killed their daughter. Reporter an idea, once so deeply engrained, true or not, will not go away. And tom fallis, make a life as best they can. Thats all for this edition of dateline. Im craig melvin. Thank you for watching. Good morning, everyone. Im Kendis Gibson at msnbc headquarters in new york. Its 6 00 in the east and 3 00 out west. California reeling from a 7. 1 earthquake. This morning, what to expect from the aftershocks. And the big one hit and it knocked my little one to the ground. I was trying to get to mom and i couldnt. I was, just, holding on to the ground, trying not to open up. Census battle. The new move by the Trump Administration to add a citizenship question. And the