Tonight, 20 20 on the inside. This tape recorded as it was happening. Paramedics trying to revive her. The emt taking us through that tiny bedroom. A bloodstain. A gun right here. Is there any sign of a struggle . And the explosive police video. Youre accusing me of killing my wife. Im not supposed to be upset . And youre as close to being there that night as you can get. But whats the truth . A shocking suicide . Her own words, i just cant take this life any longer, proved she committed suicide. Or this, what a teenage neighbor said he heard. I heard him saying, oh, my god, what have i done . I shot my wife. What do you believe . After midnight. Good evening, and welcome to this special 20 20. Im david muir. And im elizabeth vargas. This notorious court case, did a husband kill his wife, or did she kill herself . How well do we know our partners, and what really goes on after midnight . Heres ryan smith. Reporter drive north out of denver on this twolane blacktop called u. S. 85. There sits the tiny town of evans, where locals joke the manure odor wafting from the nearby fields is no Rocky Mountain high. p and tom fallis live, and its ine and other intoxicants being passed around freely on new years eve. Perhaps the scent of a relationship turning sour. Happy new year reporter ashley and tom are a young married couple, hosting a party for friends and family, they live in a subdivision called grapevine hollow. Each street named for a famous wine, though ironically, not a vineyard in sight. Their house is on zinfandel, a vino with lots of alcohol and a lasting aftertaste. Fitting, since when the alcohol stops flowing on zinfandel tonight, no one will ever forget. Had you ever seen a case like this before . Something like this . The Ashley Fallis case . No, this has been an extremely high profile case. Reporter James Redmond has covered the story for the greeley tribune. But there are really two stories. How do feel feel about this case . Is it, some are on one side, and others are on the other side . Its been a pretty vehement divide. People feel strongly one way or another. Reporter both versions begin at that party. I met tom at the door. He gave me a hug. I hugged him back. Never did that before with him but that was fine. Reporter john schmitzer, ashleys uncle, was there that night. Along with his wife peggy. And, of course, ashleys mother jenna fox and father joel raguindin. She was just vivacious and fun. She always made people laugh. Made me laugh, made her mother laugh. Reporter the whole idea of this party was to celebrate how good things were going. It was a new year. They were happy. They were at a point when things were going well for them. Reporter seemingly, the end of a tough few years. When ashley met tom on a dating site back in 2007, she was divorced. A single mother of two young girls. Tom brought something extra to ashleys life. It was almost like he was a lifeline for her, right . Tom and ashley, some of their friends were jealous of their relationship. And how affectionate they could be. Reporter it was a whirlwind. In no time, ashley was pregnant with their son blake. A year later, ashley and tom were married. He wasnt real friendly, but you show him respect because thats who shes chosen. Reporter but ashleys family felt tom was too controlling. You had to walk on eggshells around him, because you just didnt know what would touch him off. Reporter tom eventually adopts ashleys girls. He takes a job as corrections officer working in the local jail. Shes a respiratory therapist, but soon enough, life throws this budding colorado family its first curve. Blake is diagnosed with hydrocephalus, commonly referred to as water on the brain. He needs 11 surgeries and constant monitoring. Its understandably putting pressure on the marriage. It puts a strain on the family. Puts a strain on the relationship. It had to be financially taxing. In addition to the cost of the surgeries alone, i know at one point ashley was fired from her job. Reporter the tension leads to serious anxiety. She begins seeing a psychiatrist who put her on medications like seroquel and clonazepam. She did have anxiety in her life. Including tom. Remember, tom is one of those pressures. Its tom also putting the pressure on her. I cant blame her for being on anti anxiety drugs. It was a real rough patch in their marriage. Reporter so rough, apparently, tom discovers ashley has even had an extramarital affair. Theres talk of divorce. But by the fall of 2011, they are still together. The desperate former respiratory therapist tries to breathe some life into things. The couple takes a crosscountry trip to washington, d. C. , where she testifies before congress about her familys experience with hydrocephalus. Were you proud of her at that point . Oh, yeah. Ashley is not backing down on a challenge. Thats who she was. Reporter tom is proud too. Back home, ashley finds a new job and the couple seems to be healing. And then an apparent christmas miracle. Ashley believes shes pregnant and takes a home pregnancy test. Her tubes had been tied after her son. Reporter so, totally unplanned, not expected. Did they want to have children . They were extremely excited about it. Reporter thats why they were so ready to celebrate at that new Years Eve Party. But just hours before the guests arrive, a blow. Ashley says shes bleeding. She believes shes suffered a miscarriage. This wasnt the first miscarriage. Or suspected miscarriage. She was a tough cookie. I think tom was far more affected by it than ashley was. Thinking, ashley is ready to have a good time. She has a few drinks. And jello shots. Around 11 00, tom and ashley seemingly feeling no pain. Dancing together to their favorite song, 18th floor balcony by blue october. But just an hour later everything changes. Right around midnight, as the new year dawns. Marijuana joins the party and tom is upset about it. This is like, whoa. What just happened here . I mean, we went from a really fun party to toms throwing a fit. It became clear to tom that ashley had gotten a marijuana joint from her uncle and that she wanted to go outside and smoke it. He was angry about that. Upset about it. It wasnt like she was going to do heroin. It wasnt like she was going outside to drop acid. So im looking at him with a little bit of disbelief, going, seriously . Seriously, this is why youre so mad . Thats what set him off. Thats what he threw his fit about. She was partying and having a good time and wanted to smoke some pot. He was like, nope thats not going to happen. Reporter its clear its time for everyone to leave, but as they depart no one had a clue what was about to happen. Married couples have fights every day. But its not every day the argument ends with someone dead on the floor. Reporter in the bedroom, tom and ashley are alone. Arguing. On the surface its about the marijuana, but theres all that builtup tension underneath. And suddenly, without warning [ gunfire ] what is the address of your emergency . Reporter a frantic call to 911. My wife just shot herself in the head. Please help me. Reporter tom screaming for help. Ashley, no. Ashley, no. Reporter its a gunshot wound to the head. He tells them it was suicide. You are not leaving me. You are not leaving me. Reporter youre watching actual video recorded by an officers body cam as police and paramedics rush to the scene. Tom is removed from the crowded room as they work on ashley in the narrow space between the bed and the wall. It was a dynamic, fluid scene. There was a lot of people there. Her family had returned to the scene. There was some yelling and screaming going on in the front yard between tom fallis and family members. Reporter tom is a powder keg of emotion, recorded hurling blame at ashleys family outside. You guys wanted to [ bleep ] get her high reporter meantime, the medics are lifting ashley off the floor, rushing her to the hospital. Doctors desperate to save her life. But tom isnt with her. He is in here, in a Police Interrogation room. I didnt shoot my wife. I wasnt even by her. Reporter when we come back do the police think its all an act . Ashleys mother sure does. Do you feel like tom got away with murder . Oh, yeah. Absolutely. Reporter stay with us. Its okay to cry, right . No more we dont want anymore [crying] ahhhhhhhhhh everyday price and no extra monthly fees, unlike cable. Speeds up to 45 megs, for 30 a month. Someday, gus will invent this thing and change the world. This is the thing that could change gus world. And this is the doctor that could cure that thing so he can grow up to invent this thing. Sutter health. Proudly caring for Northern California, birthplace of pioneers. This special edition of 20 20 continues. Reporter 2012 is not even an hour old, and the small evans, colorado, Police Department is already dealing with its first violent death of the year. Do you see a lot of Violent Crimes in this area . We probably average one or less homicides a year. And unfortunately a number of suicides. Theyre not uncommon. Reporter evans police chief rick brandt, Whose Department responds. You were one of the First Responders . Correct. Reporter sergeant dan ranous shows me what the scene was like. She was laying on the north side of the bed. She was not breathing, but her throat muscles were moving, indicating she was trying to breathe, but the obvious issue was the trauma to her head. Reporter what does the room look like from what you remember . I distinctly remember the blood spatter on this north wall. I also remember seeing the bullet hole in this east wall. Reporter is there anything on the ground . There are two pictures on the ground over here, and i distinctly recall the tv was playing the times square new years eve celebration. Reporter a woman shot with only her spouse in the room is always cause for suspicion. Tom, my name is rita. I dont know if i ever met you before. Reporter tom fallis has volunteered to come to the Police Station to answer questions from detective rita wolfe. Hes the only witness to a gunshot wound situation. So we want to hear what he has to say. Whats your wifes name . Ashley. [ cries ] i want to see her. I want her to be okay. Reporter its emotional. Tom is distraught. Still wearing the blood stained tshirt. And at this moment, apparently still hoping ashley will survive. As a video camera records it all. The video of this runs a couple of hours. Theres a lot of emotion. Reporter are you suspicious of him at that time . I would say he was under suspicion at that time. You want to pin somebody down to a story and then you want to keep going over the story to see if it changes. Reporter toms story starts with the trauma before that new Years Eve Party. So she was kind of down today. Reporter ashley, devastated when she believes shes suffered a miscarriage. We just lost, couldve lost or had our third miscarriage. Do you know how depressing that is for a woman . Reporter especially for ashley, he says. All day she had been talking about it. Reporter knowing how unlikely another pregnancy would be since she had her tubes tied after their son blake was born which tom says was her mother jennas idea, just one source of lingering resentment between them. This was no brady bunch, right . Fallis didnt get along with ashleys family. Theres just no two ways about it. Reporter still, he tells detective wolfe, ashley was holding up okay most of the night. We danced to our song just an hour and a half before this. So sweet. Reporter but remember when ashleys uncle asked her to smoke marijuana . That is when tom says everything went south. Shes wanting to do it because shes so down because shes just had either a false positive or a miscarriage. Reporter thats when he admits he flew off the handle. Yelling at ashleys family as he stomps upstairs to the bedroom. I turned around and made a comment, i was like she doesnt need to get [ bleep ] high. She doesnt need to take your advice, just like she didnt need to [ bleep ] have her tubes tied. I walked into our room. That was the only negative thing that was said the whole night. Reporter now, he says, he goes into the walkin closet to change his clothes. I was standing right there. Reporter at one point he even sketches out where he was as ashley enters. Shes going, ill [ bleep ] do what i want and i said, fine. Do whatever you want. I was pissed. I probably said, do whatever the [ bleep ] you want. Reporter he says theyre on opposite sides of the bed in this tiny room. Tom, still lashing out at her from inside that closet. I did swear at her. I did tell her go [ bleep ] do whatever the [ bleep ] you want. Reporter ashley is either kneeling or sitting on her side of that bed. Tom says, he cant really see her. But he can hear her cocking a gun. She has a 9millimeter taurus that she keeps on the gun rack. I looked out and 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. Reporter tom says he tried to staunch the blood coming from his wifes head, while he called 911. So youre saying, no fighting at all. That she for some reason just takes a gun out and shoots herself for some unknown reason. I already told you what happened. That wound on the back of her head isnt where she could do it herself, tom. It is not. [ bleep ]. It is not. [ bleep ]. [ bleep ]. [ bleep ]. If you get upset like this youre accusing me of killing my wife. Im not supposed to get upset . That doesnt make sense. Reporter and thats when detective wolfe reveals officers already have learned something incriminating from a nextdoor neighbor. There was somebody awake. And they actually heard your argument and your conversation between you and your wife. Really . What conversation was that . Shes telling you, get off of me. Get off of me. And youre saying, dont leave me. Dont leave me. I didnt say that thats hard for me to believe. Reporter he denies anything more than a verbal battle. But the more she presses, the more heated it gets. I didnt shoot my wife tell me what happened then. Tell me what happened. I just told you. Why do you have those scratches on your body . Reporter shes referring to these. What look like red abrasions on toms chest. But he insists he shaved there as a surprise for ashley. And any marks they see came from his own scratching. Because, he says, its itchy. Okay. See this . This is a shaved chest. Do you know how bad this hurt and itches . When im sitting there, i do this all freaking day. I mean, really . I shaved my chest for the first time in my life today . And got scratches all over myself . Reporter but the detective is skeptical. Those scratches, you need to explain. Reporter and with the tension mounting tell me whats going on with my wife. Please. Reporter the detective breaks the news. I have to let you know, your wife did not make it. Your wife did not make it. [ crying ] she was just breathing. She was breathing when i was holding her. She was breathing. They told me she was breathing when she left the house. I didnt shoot my wife. I wasnt even by her. Reporter tom is sticking to his story. I didnt do this. Oh, my god. Im telling you right now. Reporter after about two hours, the detective gives him a compassionate touch. And with still no admission of guilt, she has no reason to hold him. Tom is free to go. You let him go. Why . If nothing else, it didnt appear to be a solid or a clear homicide. And we knew we had a lot of work to do. Everybody that i talked to said, im at a loss for words. Reporter tom delivers a eulogy at the funeral five days later as ashley is laid to rest. And so, it seemed, was the case, that is, until two years later. A fox 31 denver investigation is leading to a new police probe. Reporter when something was unearthed on this newscast, actually someone no one ever expected. 20 20 continues with more of after midnight. Reporter two years have passed. The Ashley Fallis case is officially a suicide. Closed. That house on zinfandel, empty. But for ashleys mother jenna, every day is still new years day. She is fighting on. She was like a dog with a bone. She would not let it go. When police would not cooperate with the mother, jenna fox, she found somebody that would, a reporter. For over a year, weve been investigating the death of Ashley Fallis. Reporter then finally, more than two years after ashleys death, in the spring of 2014, this report on a local fox station reared in like a denver bronco. Shocking new information and one damning account. It was right here. Reporter teenager and nextdoor neighbor nick glover, at home playing video games with a friend on that fateful night, who was peering out his window, overhearing the commotion outside the fallis house. His earthshattering revelation i remember i heard him distinctly say, i shot her. Reporter he says he heard fallis confess. So why didnt the police know this two years earlier . Well, according to glover, they did. The teen claims he told detective mike yates about it on the night of the incident. But somehow, it never ended up in yates report. Do you think in any way your department mishandled this case . No. Reporter still, in the event that it was a case of keystone cops or worse, a coverup evans police chief brandt orders the investigation reopened. Within the last hour, evans police announced they are reopening the investigation. Reporter and not only was there to be a new investigation, it would be with fresh eyes. The nearby ft. Collins police would handle the case, and Loveland Police would examine how the original police work was handled. The grand jury met for three days. Being indicted by a grand jury. Reporter seven months later, a grand jury hears the new evidence, and tom fallis is indicted for murder. Authorities arrested the former weld county deputy earlier this week. Reporter but where is tom fallis . The house they lived in, sold. Eventually, Police Tracked him down in indiana. Hed moved there with the kids, he says, to be near his sister. Tom fallis arrested in indiana. Reporter he is arrested in november of 2014, more than four years after the shooting all rise. Reporter tom fallis is in this courtroom, on trial for Second Degree murder. The whole trial is going to come down to one question does the jury believe ashley shot herself, or does the jury believe tom fallis murdered his wife . Reporter which is the truth . The prosecution does not have an easy case here, because they have this enormous legal burden of proof beyond a reasonable doubt. Reporter for starters, the jury hears plenty about toms behavior that night. It started to really change after tom blew up and started cussing and throwing a fit. Reporter ashleys mother jenna, whos been waiting an eternity for a chance to testify against tom, describes a man unhinged and out of control before the shooting. He