Transcripts For WCAU Dateline NBC 20160523

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. Oh bull it is not. Bull reporter suicide or murder . I didnt do this. I just knew that my whole world is is never gonna be the same again, ever. Reporter im lester holt and this is dateline. Heres Keith Morrison with after the party. After the party. Reporter what is so optimistic as a party on new years eve. What night as 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 all too soon. We noticed that there was a lotta 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 31, 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 reporter everybody watching. With everyone watching. I dont reporter kinda romantic. I think i said, oh, this is sweet. Reporter it was their party, ashleys and toms. Shed invited her coworkers like andrea. It was casual. But it she verbally told everyone at work like, you should come. Reporter they worked together at a Rehabilitation Hospital where ashley was a respiratory therapist. She was crazy, nice. [ laughter ] reporter crazy. Just spunky. Yeah, just full of energy. She was just she was a happy person. 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 marriages and her three kids, the youngest of whom was born with a dangerous condition called hydrocephalus which causes life threatening fluid buildup in the brain. She talked about it a lot. Reporter did she . Yeah. But i didnt get the impression that she felt burdened by it, by any means. Like, i felt like she i mean, that was the cards that she was dealt. Reporter well, in fact, she embraced the challenge, said ashleys mom jenna, became a public advocate. This is our son, and he is the face of hydrocephalus. She went to washington, d. C. In the fall of 2011 to speak before congress for funding for hydrocephalus. So she had a full plate. Reporter so did tom, for that matter. I like tom. He was pretty good guy, very intelligent. 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 what most fellow officers liked. Reporter stressful, draining thing, 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 adopted dad, joel, was at the party. There was dancing goin on and people were havin 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. Reporter ive heard of jello shots. But whats jungle juice . Just juice of whatever kind i and then vodka and everclear, whatever kind of hard alcohol. Reporter everclear . Yeah. Reporter and vodka . [ laughter ] yeah. Reporter oh, my. Yeah. I was havin 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. I said, oh, im sorry. Like, are you okay . And, oh, yeah, its fine. Reporter did that strike you as odd . No. I didnt think that it was odd. Reporter was she unhappy about the miscarriage . My impression of it is she already has her beautiful family it seemed like her life was already complete. So i dont think that 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 [ laughter ] reporter jello shot. Jello shot. [ laughter ] 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. Reporter how did she seem . Happy. Reporter but how quickly the 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 alcohol 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 goin on . And, were, like were gonna leave. And then shes like, hey, im havin a Super Bowl Party in a couple weeks, you know . Dont forget about that. Reporter but ashleys parents were rattled. They drove away then pulled off to the side of the road to talk. Ashleys mom sent a text to tom. Im like, you know, hey, theres kids in the house. Calm down. Reporter 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 . [ screaming and crying ] its open, its open. Reporter the new year was less than an hour old and off to a very bad start. When we return chaos. It was shocking. Reporter a frantic race to save a life. What happened in that house . I just knew my whole world is is never gonna be the same again, ever. If youve gone to extremes to escape your nasal allergies. Try clarispray. New, from the makers of claritin. With the 1 prescribed ingredient. And nothing is more effective at relieving your sneezing, runny nose and nasal congestion. Return to the world with clarispray. Befi was active. Gia, i was energetic. Then the chronic, widespread pain drained my energy. My doctor said moving more helps ease fibromyalgia pain. He also prescribed lyrica. Fibromyalgia is thought to be the result of overactive nerves. 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Youre staying here reporter tom told the dispatcher she shot herself, then he put the phone down. He was holding his hand to her head trying in vain to stop the bleeding. So he had his 9yearold daughter pick up the phone. Honey are you there . Yes. Okay can you go open the door and let the officers in . Yes. Okay . Mommy got shot. Dispatcher okay, okay were going to help her, i need you to 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 beat him there. I believe there was three there ahead of me. And then there was more sirens, lights. You could hear em coming. Thats a pretty fast response. Very fast. Reporter and this bit of news was going around fast, too. This was a sheriffs employee, a jail employee. Reporter not that that should matter. The effort then was, save Ashley Fallis life. This was recorded by a Police Body Camera, shows the paramedics arriving. Chaotic . The scene . Very. Frantic. The officers had located m Ashley Fallis somewhere in the home. The local police took charge. They asked Brian Spencer to watch the front of the property. And thats when, from his post on the front porch, he saw tom. Thats him in the background in the white tshirt. He was pacing around in the front yard and front sidewalk area. Frantic, screaming. Screaming what . Do you remember . I heard him say, shes dead a lot of mumbled stuff. He would put his hands up over his face, and screaming, and crying. Reporter 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 them flash by, headed that way. T005joel raguindin 18 51 47;03 something automatically felt bad. And i whipped a uturn. he didnt even have the car stopped and i was out running to the house. Were you able to go and see ashley . No. I i i could hear what was going on. I had all three kids and they were just crying and crying and screaming. And im crying. It was just crazy. It was like a nightmare. I can see blood splatter on the wall, the master bedroom wall. What was it 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. Alright grab that paramedics went in. And they made a decision to do whats we call a load and go, which means theyre not going to spend any time doing life support stuff. Get her on the cot and get her out and go. Reporter ashleys mom, jenna, huddled with her grandchildren in a neighboring bedroom, listened to it all through a closed door. Is there any way to describe what it was whats it what its like f for a mother to be in that situation . No. Your brain does funny things. I just knew that my whole world is is never gonna 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 Evans Police Officers didnt take toms clothes or bag his hands for gun shot 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 but thats not what happened. Not at all. And soon after ashley was rushed off to the e. R. , tom got into the back of a squad car and was driven away. But surprisingly, it would not be to the hospital. Coming up, tom tells his story. I heard her gun cock. And i looked out, i was like, what are you doing . Reporter but police dont seem to believe it. That wound on the back of her head isnt where she could do it herself, tom, it is not. Oh [ bleep ] it is not. Oh, [ bleep ]. Reporter when dateline continues. En and waffles. Oh, and those truffle fries. Truffle so good. Its less than a mile. Come on, we can do better than that. Okay, uh. Ooh, juanitas oh yeah, those chimichangas. Oh, with the mangoguac. Stop it 3. 5 miles. Oh. So worth it. Yeah, we got this. 3 point nothing. Hey yeah . Baby. Oh yep. Thought you had him. vo fitness in real life. Now thats the good stuff. I recommend nature made because i trust their quality. They were the first to have a vitamin verified by usp. An independent organization that sets strict quality and purity standards. Nature made. The number one pharmacist recommended vitamin and supplement brand. How localluses and bunions ymake them unbearable . S, introducing dr. 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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 a sheriffs deputy thought said should already have been bagged as evidence. How is your relationship with your wife . Really good. Reporter but tom said 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 there was getting to this point. Reporter still, at the party, said tom, she seemed allo right. They got on fine, until the argument about the marijuana. Tom admitted he was furious at 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. So when i was in the closet, i heard her gun cock. And i looked out i was like, i was like, what are you doing . And before i even had the chance to finish my sentence or close the door, theres smoke. I heard it and it was just smoke. [ sobbing ] i just ran over to her and just grabbed her head. Reporter tom told detectives that sadly, hed 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 . Oh just that, she just wants to end it. Shes like, you and the kids will be better off without me. And so she just said those words but she never acted on it. And so, how long is 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. I know but that i have to understand what your relationship is but the problem is, is that ive been here since freaking 2 00. Now it is already 5 00 and i dont know whats going on with my wife. Reporter about then, the detective noticed Something Else about tom. The scratch mark thats on your chest. What is that . What . You have, you have a long red scratch. What is that . Oh, probably ive been doing this all freaking night. And then okay. This one was going straight across here. Oh. I dont know its just me. Its not okay, 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. She wouldnt do anything like this. Reporter she was in good spirits when they left, they 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. Why . What what about him . His temper. You you cant go from zero 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. You have scratches on your, on your body. Okay, you see this . This is a shaved chest, so when im sitting there. Do you know how bad that hurts and itches. I do this all freaking day, this is actually her blood it comes off. See oh my gosh, its coming off, its her freaking blood. Thats actually a scratch okay, thats a scratch. Reporter still, the detective pressed him. He had motive and opportunity, she said. 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, 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 ] reporter and 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 that your wife did not make it. Your wife did not make it. She was breathing when i was holding her, she was breathing. She they told me she 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 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. Reporter then a new investigation turns up a new witness. I just started crying because its the catalyst for opening everything up. I finally have someone whos taking it seriously. In one trip kind of woman. When pain tries to stop you, motrin works fast to stop pain. Make it happen with motrin® liquid gels. Also try motrin pm to relieve pain and help you sleep. 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. Reporter it was murder, said her parents. I had three grandkids that i dearly, dearly love that i knew in my heart that tom had just killed their mother. Reporter the news of ashleys death spread quickly, the morning ater the party. I didnt understand what was happening and why and what because everything was fine that that night. As much confusing as anything. Very confusing. She was happy. She didnt seem suicidal. Reporter 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 but, for all their middle of the night questions, the police did not arrest tom, nor charge him with anything. What were they telling you along the way . Oh, that they were investigating it. Reporter at ashleys funeral, tom was one of the speakers. Ashley doesnt have much patience. Reporter 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. Reporter it was an unusual and frankly not 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 so called 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 and 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 show 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, a very basic thing. Any scene that you respond to, you wanna treat it as the highest level of what it could possibly be. Sure, so he would be a suspect. 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 there was a coverup to protect tom, perhaps the so called blue wall of silence looking out for a fellow lawenforcement 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 disagreed. Both the coroner and the crime scene investigator issued reports concluding ashleys death was indeed suicide. And remember, tom told the police she had expressed suicidal thoughts before. She had two close relatives whod taken their own lives. Investigators found prescription psychotropic drugs in ashleys purse and nightstand, which tom told them she quit cold turkey without medical supervision when she learned she was pregnant. Two months after ashleys death, her parents got the news they feared. Police ruled her death a suicide. Case closed. It made me angry. [ sighs ] 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. Couldve 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, well, there was nothing more either of them could do, apparently. 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 anyone who would listen that they believed their daughter had been murdered, like a local reporter. He said, do you mind if i start looking into this . And i said, j joel, and i said, no, go ahead. Start looking into it. And it didnt take him much. Reporter the reporter asked around, talked to neighbors, and asked the Evans Police Department to comment on what he heard. And before you knew it, the chief announced ashleys case would be re opened. I extend my sincere sympathy to the family of Ashley Fallis for their loss and for the revisted 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. Reporter denvers fox 31 aired the startling discoveries that prompted the new investigation. In particular, a neighbor, who was only 15 at the time, and said he heard tom admit to shooting ashley. Pretty hard to forget, hearing somebody confess their murder and then getting away with it. Reporter 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 da Michael Rourke decided to assemble a grand jury. What i wanna do is i wanna 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. I got the phone call that that they indicted him, and i just started crying. Reporter tom fallis was arrested in indiana, charged with seconddegree 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. Reporter 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 reporter case closed . 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I am ready to put hep c behind me. I am ready to be cured. Are you ready . Ask your hep c specialist if harvoni is right for you. Reporter four years after Ashley Fallis death, her husband, tom, was on trial for her 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. And 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, um, interacting with all the guests reporter tom, though . Ashleys uncle john testified about toms sudden blow up when he discovered ashley asked him for a joint. And i was sort of taken aback by it, because everything was fine that night then all of a sudden, boom. So i was just like woah. 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 in pushing her. Reporter d. A. Rourke wanted the jury to hear that tom had a hot temper. That he was volatile. Anger wouldve been most obvious motive. Simply lost his temper . Anger. Gun nearby. Bang. Right. Reporter to prove it, the witness earwitnessyou 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 do not know who it was, um say what, what do you mean . And he proceeded to say, i shot my wife. Reporter nick said he knew it was tom. He could see him out the window. How certain are you that the voice youre hearing is tom fallis voice . I am 100 percent. Reporter there was more. Nicks mom, kathy glover, testified that on the night of the shooting, she got a strange phone call from a teenage neighbor. Around 1am. 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 heard her screaming, get off me, get off me . I do not. Reporter she was 16, and drinking that night, she said. So that might explain her faulty memory. Do you recall telling officer croissant that you heard a female yelling, get off of me, get off of me . I do not. Did you expect that from her . Yeah. You did . It didnt surprise me. It hurt ya though. It hurt, but i thought that, you know, when you have a Police Officer who interviews her within an hour, hour and a half of the shooting, and she is clear as day as 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 my name is jonathyn w. Priest. Reporter priest is a former homicide detective and Forensic Consultant who used a miniature model of the fallis bedroom to show ashleys position. She has to be here and then bent down so that shell fit into this trajectory area. Reporter 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, of, 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 blood staining from getting onto the wall, or, 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. 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 behaviors. Reporter and, the verdict. For the fried, the dried, the twisted, the tied, the faded, the sunned, the flatout overdone. The teased, the tangled, the curled, the colored, the braids, the inventions, the unforgettable letsnotmentions. New suave professionals coconut oil infusion, with pure coconut oil, that visibly repairs two years of damage, keeping hair beautiful no matter what you put it through. Suave professionals, works as well as salon brands. Live beautifully suave and i cant wait to startlanta telling people how switching to geico could save them hundreds of dollars on car insurance. But first, my luggage. Ahh, there it is. 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It said, this day will be fairly eventful. Yeah, i mean theres no other way to interpret that. Totally, right . At t has a better reason to get a new iphone. Switch to at t and get up to 650 in credits per line reporter it cant be an easy thing for a juror, imagining a moment he or she didnt see. Please rise for the jury. Reporter and deciding what must have happened. Did tom fallis kill his wife ashley in a fit of violent temper, or what . Tom fallis did not kill his wife and mother of their three children. Ashley fallis committed suicide. Reporter remember how the prosecution talked of asheys happy frame of mind . That ashley was a kind of lie, said the defense. Ashley fallis 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 that she was on medications. We spoke pretty in depth about that. Reporter but even with medications, the friend testifed, ashley had trouble controlling her emotions. What kind of Mental Health issues, uhm, did you observe Ashley Fallis to be going through . Depression, mood swings, impulsive behaviors. Reporter in fact, the defense argued ashley was so depressed the summer before she died, she wrote this letter to tom. I have so much pain on the inside i can no longer take it. Im sorry to do this to you and the kids, but i find myself not even liking my children. Reporter every day is a chore with them and you. I have to pretend to be happy. I have to pretend to be someone i am not. Please make sure you raise the kids to continue to go the school we have chosen. I do love them. I just cant take this life any longer. Please make sure you let them know every day that i do love them, and this was not their fault. Suicide expert dr. Michael allen studied the letter as well as ashleys medical records and testifed about his review. Do you have an opinion in this case about whether or not Ashley Fallis was a high risk to commit suicide on january 1, 2012 . Yes. My opinion is that she had many, many risk factors and warning signs. Reporter remember, detectives had learned years before that ashley had a Family History of suicide. Both her maternal uncle and her grandmother took their own lives. That, said dr. Allan, put ashley at a higher risk for doing the same thing. Two close family members who had died by suicide would suggest a genetic propensity for suicide. The defense argued that on new years eve 2011, it was the miscarriage that broke her will to go on. That she spent the night masking her pain with alcohol that she planned to dull it further with marijuana after the party. And 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 of Ashley Fallis. Reporter the defense conceded ashley and tom quarrelled that night, but insisted it never got physical. Those scratches on toms chest . The ones the prosecutors believed were proof of a struggle . Dna tests never found any evidence to support that. You did not find any of Ashley Fallis dna, cellular material on the swabs from toms chest correct . That is correct. Reporter the defense reminded jurors that tom told police why he had the scratches, that hed done a little manscaping to spice up his marriage. He had texts and photos to prove it. Theres tom fallis when he has hair on his chest, all the way to the left, and on december 17th, 2011, he texted ashley, there you have it. You get your way, so here it is. Thought you might like it. Reporter so the scratches, said the defense were because it was itchy. And thats all. As for the socalled witnesses, said the defense, totally unreliable. The one changed her story on the stand, and the other . Well, just months after the shooting, young nick glover went camping, of all things, with tom, the very man he said he heard confess to shooting Ashley Fallis. At no time during the camping trip with tom fallis did you ever tell anybody that you were uncomfortable being there with tom fallis . I do not recall. Reporter who to believe . For example, there wasnt one but two, prosecution crime scene analysts. This one, youve already heard, believed it was murder. But this one . Most people that shoot somebody in an act of rage, they dont stop with one shot. Reporter dan gilliam was the crime scene expert from the first investigation of ashleys death. Using a defense attorney about the same height as ashley, 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. First of all, is that an unnatural position . For another person to be holding the gun in that manner . It is. It is for me. Okay, and mr. Fallis is six feet tall. How tall are you . Im six feet as well. Okay. Reporter and the gun was ashleys. The shooting happened in arms reach of where it was usually stored, said the defense. After examining all the ballistic and blood spatter evidence, gilliam just didnt believe the shooting was murder. I believe that the story that mr. Fallis gave is consistent with the evidence found at the scene. Reporter in other words, he thought it was suicide. So, what happened in that moment after midnight . How would a juror decide . Upon reaching a verdict, you will inform the bailiff, who will in turn notify me. Reporter kusas dan grossman settled in for a bit of a wait. This is almost a threeweek trial. Theres a lot of evidence. You thought that you were looking at coming back the next day to hear the verdict. Reporter but, no. Less than four hours later, a verdict. We the jury find the defendant, thomas fallis, not guilty of murder in the Second Degree and all lesser included offenses, signed by the jury foreperson. Reporter not guilty. Not murder. After four long years of living under a cloud of suspicion, tom fallis was acquitted of all charges. He stayed straightfaced. His his defense attorney, iris eytan, was very emotional. But ashleys parents, they they left the courtroom fairly quickly. Reporter ashleys parents declined to talk with dateline after the verdict, but their legal battles are far from over. In 2015, they filed a civil lawsuit against several employees of the Evans Police Department and the Weld County Sheriffs Office who they believe falsified, altered, and omitted key evidence to make ashleys death look like a suicide. And despite the verdict, they currently have no plans to drop it. The employees are contesting the lawsuit, and litigation is ongoing. What about ashleys family . Can they just accept this, and go on . I dont think theyll ever accept it. To say that they were distraught would be an understatement. They i think truly believe that tom fallis killed their daughter. And they are never gonna let that go. Reporter an idea, once so deeply ingrained, true or not, will not go away. And tom fallis and his children make a life as best they can. Right now at 11 00, anger over what neighbors call a dangerous Burlington County road. Its where a teenager was killed in a suspected drunk driving crash. A woman shares her story of survival in a deadly shooting. Stray bullets killed a teenager. Some kids and a mom were killed for no reason. Who fired bullets that hit her and her two teenage relatives. Thanks for joining us. So far, police arent naming any suspects in the shooting. They tell us theic