A former Colorado sheriff's deputy has been indicted in the shooting death of his wife at a New Years party in 2012 following an argument over his belief she was going to smoke marijuana, reports 7 News Denver.
Thomas Fallis, 34, was indicted by a grand jury in Weld County on two charges of murder in the death of his wife Ashley.
Fallis was arrested Tuesday morning in Bloomington, Indiana where he moved with couples' three children after the death of his wife.
According to court documents, Fallis shot and killed his wife at the party at their home when he became angry with her after overhearing her say she was going outside to "have a smoke," and believing she was going to smoke marijuana.
Following another argument with a guest, Fallis reportedly stormed into the master bedroom, yelling and slamming the door as guests, including his wife's parents, left the home.
According to the indictment, the couple reportedly kept arguing until Fallis grabbed a 9mm handgun and, during a struggle, "held the gun to the right side of Ashley's 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 shot her self in the head," the indictment states. Fallis died approximately three hours later.
Ashley Fallis' death was originally ruled a suicide but, according to Evans Police chief Rick Brandt, new information surfaced calling into question the report filed by the original crime scene investigator.
"This new information includes allegations from witness accounts that we were previously unaware of," Brandt said. "Specifically, the allegations say that the officer omitted material statements from witnesses and that he changed at least one statement of a key witness in the case to support the conclusion of suicide."
According to Dan Recht, attorney for Ashley Fallis' parents "The one glaring piece of evidence that never made it into their reports is that there was a neighbor that very specifically has said from the very beginning and continues to say to this day that he overheard Tom Fallis admitting to his parents that he shot and killed his wife."
Asked whether Fallis, who was a Weld County sheriff's deputy at the time of the shooting, was granted preferential treatment, Brandt denied it saying, "I can tell you that no person was handled with any kind of preferential treatment regardless of their position in the community or anywhere else when we were conducting our investigation."
At a news conference in April, Ashley Fallis' family accused Evans Police Detective Michael Yates of covering up the murder by changing witnesses’ testimony and omitting key evidence in reports.
"We know in our hearts that my sister was killed by Tom Fallis," Ashley's brother, Bryce Fox-Raguindin, said.
Neighbors of the couple admitted they didn't believe the findings of the original investigation, with one commenting, "I never bought into that."
According to another neighbor, he heard, "yelling and screaming at the Fallis' house all the time."
Fallis is currently being held without bond in the Monroe County Correction Center in Indiana while awaiting extradition to Colorado.
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