Indictment: Argument over pot led ex-cop to kill wife

EVANS, Colo. - An argument over marijuana led a former Colorado deputy sheriff to kill his wife after a party at the couple's home on New Year's Eve, Dec. 31, 2011, according to an indictment issued against him this week.

Tom Fallis, a 34-year-old former deputy with the Evans, Colo. Police Department, was indicted Monday by a Weld County, Colo. grand jury on a charge of second-degree murder in the death of his wife, Ashley.

Ashley Fallis was 28 when she was found dead on New Year's Day 2012 in the couple's home in Evans, about 50 miles northeast of Denver. Her death was initially ruled a suicide from a self-inflicted gunshot wound.

According to the indictment, Tom and Ashley Fallis had hosted New Year's Eve party at their house which 15-20 people, including Ashley Fallis' parents, attended.

The indictment says Ashley Fallis told her husband she was going outside to "have a smoke" at approximately 12:30 a.m. on January 1, 2012 and he "became irate at the belief that she was going to smoke marijuana."

This led to an argument between Tom Fallis and another woman which ultimately led to him storming into the master bedroom and slamming the door behind him, according to the indictment.

At some point, the indictment alleges, the argument between Tom and Ashley Fallis continued in their bedroom and during which Tom Fallis grabbed a handgun, held it to Ashley Fallis' head and pulled the trigger.

"While still in contact with Ashley, he lowered Ashley to the floor, began holding her head, and called 911 to report that Ashley had shot herself in the head," the indictment says.

The 911 call came in at 12:50 a.m. on Jan. 1, 2012, according to the indictment. Authorities are not releasing audio of the 911 call.

While Ashley Fallis' death was initially ruled a suicide, the investigation was reopened in April on the insistence of her family, who argued that Tom Fallis was responsible and that another law enforcement officer helped him cover it up.

CBS Denver reported that Ashley's parents said statements from key witnesses were changed or omitted from the original police report, including a statement from Fallis' 6-year-old daughter that she had seen "daddy shoot mommy."

Neighbors also said they heard Tom Fallis claim he shot his wife, Daniel Recht, an attorney for Ashley's parents, told the station.

Tom Fallis was arrested Tuesday morning at his home in Bloomington, Ind., where he was living with the couple's three children. He is being held without bond and is expected to be extradited to Colorado this week.

Recht told 48 Hours' Crimesider Tuesday that his clients are "happy that justice is beginning to be done." He says they flew to Indiana in an effort to get custody of their grandchildren. KDVR reports the children are currently in the custody of Tom Fallis' mother.

"It's been three difficult years of pushing and never giving up their pursuit of bringing Tom Fallis to justice and they strongly believe that he killed their daughter," Recht says. "Initially, the small town police force simply took Tom Fallis' word that his wife shot herself, called it a suicide and never did much of an investigation -- sort of closed the books on it after it happened."

Evans Police Chief Rick Brandt, who headed up the initial investigation into Ashley Fallis' death, asked Fort Collins police to conduct the most recent investigation.

Loveland police performed an independent investigation into allegations that Evans Police Officer Michael Yates impeded the investigation into Ashley Fallis' death. They concluded in August that there was no probable cause to charge Yates with a crime.

Chief Brandt told Crimesider Tuesday that he had not been informed of details surrounding the indictment and arrest of Tom Fallis. He said that he is moving forward with an internal review of Officer Yates, as is protocol. Yates is currently serving on the force as a community resource officer.