>> oh, absolutely. >> memories for a family, of a daughter and sister, who loved to run. >> i'm happy when i think about her, when i ran. it pushes me to run further. >> my daughter's name lauren magnolia. after lauren. >> memories of a vibrant woman, fully alive. have lauren giddings we. >> i would tell her how much i miss her and that i love her. and that she is the reason why i am who i am today. i would tell her thank you. >> that's all for this edition of dateline. i'm craig melvin. thank you for watching. i'm craig melvin, and i'm natalie morales. and this is dateline. >> it was a small new year's

eve party. we took off and then short later after -- my gut was telling my feet to run back to that house. this can't be happening. >> when the party ended, the mystery began. >> it was just crazy, i didn't understand what was happening and why. >> his wife, the hostess, had seemed fine the whole night. then -- >> my wife just shot herself in the head. please! help me! please help me! >> her death was ruled a suicide. but not everyone agreed. >> i was always afraid he was going to hurt her. always. always. >> did a fight that night lead to something much worse? >> i knew that ashley wouldn't take her own life. >> a troubled woman or a troubled marriage? >> that wound on the back of her head isn't one she could do it herself, tom. it is not. >> oh [bleep] [bleep].

>> suicide or murder? >> i didn't 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 years. but as her guest began the countdown to ben knight, who could've known they were also marking the last hour of ashley's young life? here's keith morrison with after the party. >> what is so optimistic as a party on new years eve? what night is hopeful, full of anticipation as the clean slate

midnight brings. >> it was a small new years eve party. >> just family and friends. >> disappointment is inevitable, of course. clean slates no matter how ardently desired or messy all too soon. >> we noticed that there was a lot of alcohol out. >> still, we celebrate possibilities and drowned pass sorrows and watch the clock that ticks towards our new beginnings. and our ends. ♪ ♪ ♪ >> on december 31st 2011, an hour north of denver in west -- colorado, ashley and tom fallis, surrounded by friends and family dent to the music that brought them together, their wedding song. >> they decided to get up and dance in the middle of their living room. >> everybody watching? >> with everyone watching. >> they were romantic. >> well, i think i said, oh, this is sweet. >> it was their party, ashley is, tom's -- she invited her coworkers like

andrea. >> it was casual but she verbally told everyone at work that you should come. >> they work to get that a rehabilitation hospital where ashley was a respiratory therapist. >> well, she was crazy, nice. >> crazy? >> just funky. >> yeah. just full of energy. she was a happy person. she left a lot and joe. >> their friendship was new, anthea didn't know a lot about ashley bud listen to her chatter about jobs and marriages and their three kids. the youngest of whom was born with the dangerous condition called hydrocephalus which causes life-threatening flu buildup in the brain. >> she talked about it a lot. >> yeah, did she? >> yeah, but i didn't get the impression that she felt burdened by it. i just felt like it was the car she was dealt. >> well, in fact, she embraced the challenge said ashley's mom, jenna. became a public advocate. >> she went to washington d.c. -- >> lowe. >> to speak with congressman for funding for hydrocephalus.

so, she had a full play. >> so did tom for that matter. >> i liked tom. he was a pretty good guy. very intelligent. >> jeff rodriguez was tom's boss at the 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 fellows officers liked. >> stressful draining, caring for a sick child. so, maybe they're new years eve party was a way to hope for better times and take a break to. >> ashley's adoptive dad joel was at the party. >> there was dancing going on. people were having a good time. >> ashley seems to be having a fine time, said andrea. >> she and tom seems to be getting along fine? >> they seem to be getting along fine. >> that's when anthea an andrea went on into the kitchen to have a little party of their own. >> what were you drinking? >> jungle juice angelo shots. >> oh my. >> yeah, i was having a good time, i intended to have a good

time. >> there was one unusual thing those said anthea. ashley had just gone through something kind of awful. >> she found out that she had a miscarriage that day. and i said, oh, i'm sorry, are you okay? >> no, yeah, it's fine. >> did it strike you as a lot? >> no, i didn't think that it was odd. >> was she unhappy about the miscarriage? >> my impression of it was that she already has her beautiful family, it seemed like her life was already complete. so, i don't think that she was devastated that she had found out that she had a miscarriage. >> no tears, anthea said. just a quick cudgel manchin and then the conversation moved on. >> we want don to talk about other things? went >> on to talk about other. things probably went on to go get another -- >> jell-o shot? >> jealous shot. >> midnight arrived. there were, as they're always, our kisses and smiles and toast. by 12:30, the party was over. >> i give a hug, told her by,

we talked about future plans. >> how did she seem? >> happy. >> but, all, how quickly the new year's clean slate darkened. as an uncle prepared to leave, actually asked him for a bit of his marijuana to smoke leader, she said. tom, the sheriff's department in plea was furious and reminded ashley's family that her employer required regular drug test. was it the alcohol that amped up the families screaming match? whatever. ashley's parents have their own recollections. >> he walks by me and he says that he hated us all and wish we would all bleeping die. anyone into the benjamins on the door. >> ashley came out of the door bathroom and was just going like, what's going on, or else we're going to leave. >> and then she's like, hey, i'm having a sub-able party in a couple of weeks, you know. don't forget about that. >> but, ashley's parents were rattled. they drove away then pulled off

to the side of the road to talk. ashley's mom sent a text to tom. >> and i'm, like you know, there's kids in the house, come down. >> what arrived was their young granddaughter was involved in quite another destruction, with 9-1-1. >> can you go open the door and let the officers in? [screaming] >> it's open, it's open. >> the new years was less than an hour old and off to a very bad start. >> coming up -- >> chaos, it was shocking. >> a frantic race to save a life. what happened in that house? >> i just knew that my whole world is never going to be the same again, ever. >> when dateline continues. when dateline continues

-hi, dr. rick. it's julie. -[ gasps ] that's me. just leaving you a voicemail. my number is 618-437-7425. okay. can anyone tell me what julie did wrong there? you got to repeat the number. i mean, no one's ever gonna get it the first time. -nope. -didn't leave her last name. no, the -- the phone tells you who called. she didn't mention a good time to call her back. how am i supposed to know when to call her back? no. she just shouldn't have left a voicemail. 9 out of 10 times, a text will do. progressive can't save you from becoming your parents, but we can save you money when you bundle home and auto with us. 2012 was not even an hour old.

two years celebrant, had over just poured themselves into their cars to head home. and, in a little hallson west events colorado it was already the worst year ever. >> 9-1-1, what's the address of your emergency? >> my wife just shot herself in the head. please, please help me! please help me! >> the man on the phone was tom fallis, begging for help and willing his wife to live. >> no, you're staying here. you're staying here! >> tom told the dispatcher, she

shot herself and he put the phone down. he was holding his hand to his head trying anything to stop the bleeding. so we had this nine year old daughter pick up the phone. >> honey, are you there? >> yes. >> okay, can you go open the door and let the officers and? >> yes. >> okay. >> mommy got shot. >> okay. okay we're going to help or, you just need to open the door. >> brian spencer was a welcome deputies back. then he discovered admitted that the local police discovered that the evidence police have beaten him there. >> we believe that there was through their head of me and then there was more sirens nights that you could hear coming. >> that's a pretty fast response. >> very fast. >> and, this bit of news was going around fast to. >> this was a sheriffs employee, a silent employee. >> not the subject matter. the -- was save ashley fallis's a 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. the >> local police took charge. they asked brian spencer to watch the front of the property. and that's when his post on the front porch, he saw, tom. that's him in the background in the white t-shirt. >> he was pacing around in the front yard and front sidewalk area, frantic, screaming. >> screaming, what do you remember? >> i heard him say, she is dead. a lot of mumbled stuff. he would put his hands up over his face and screaming and crying. >> by this time, ashley's 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 u-turn. he >> didn't have the car stop and i was out running to the house. were >> you able to go and see ashley? >> no, i could hear what was going on. i had all three kids. and they were just crying and crying and screaming.

and i'm crying. >> it was just crazy. it was like a nightmare. i could see blood splatter on the wall, the master bedroom. >> what was it like? >> cale. it was shocking. >> you understand it was your daughter? >> yes. i do recall just being hysterically upset and crying. and thinking that this can't be happening to my daughter. this can be happening to us. but yet it was. >> inside the master bedroom, actually was a lived. but the wounds to her head were catastrophic. the police body cam of footage shows officers kneeling on the floor, trying to stabilize her condition. we >> paramedics went in. and they made a decision to do what we call a load and go. which means they're not gonna spend any time doing life support stuff. >> -- >> ashley's mom, gianna, huddled with her grandchildren

in a neighboring bedroom. listening to it all through a closed door. >> was there any way to describe what it's like for 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. >> outside, brian spencer watched tom pacing back and forth, crying and talking to himself. >> i noticed he's wearing a white t-shirt. and he's covered, i believe it was on this left side in large amounts of blood. >> it was odd, brian thought that the evidence police officers didn't take tom's 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. >> that's not what happened. not at all. and soon after ashley was rushed off to the e.r., tom got in the back of the squad car

and was driven away. but surprisingly, not to the hospital. >> coming up -- tom tells his story. >> i heard her gun clogged, and i looked up and i said, what are you doing? >> but police don't seem to believe him. >> the wound on the back of her head isn't what she could do it herself, tom. it is not. >> oh [bleep]. >> when dateline continues. hen dateline continues enough was enough. i talked to an asthma specialist and found out my severe asthma is driven by eosinophils, a type of asthma nucala can help control. now, fewer asthma attacks and less oral steroids that's my nunormal with nucala. nucala is a once-monthly add-on injection for severe eosinophilic asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing.

infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. talk to your asthma specialist to see if once-monthly nucala may be right for you. and learn about savings at nucala.com there's more to your life than asthma. find your nunormal with nucala. in the first cold dark hours of

2012, actually fallis's parents followed an ambulance to the hospital. and followed and caught up with her to the icu. >> we walked in to her bleeding out of everywhere. >> it wasn't really any hope. they could see that. she was going to die. >> i just sat down and held her hand. >> but tom wasn't there to hold her hand. tom fallis was at the evidence police station, answering questions. >> i don't know what's going on, i had no idea and that time asking for the statements. >> it was two a.m.. and tom was still wearing blood stained clothes, the once the sheriff deputy thought should have already been back this evidence. >> i just, thought how is your relationship with your wife? >> really good. >> 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 didn't think that it was getting at this point. >> still, at the, party itself, tom, said she seemed all right. they got on fine. until the argument about the marijuana. >> tom admitted, he was furious at ashley's family said that he was trying to protect her and they weren't. >> i had told ashley, i was, like you don't need to get high. and i was like, whatever happened today about the miscarriage, it happened. you know what [bleep] your mom [bleep] everybody. >> so, there was no loved lost between tom and ashley's 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, while i was in the closet, i heard her gun clog, and i looked over and i was like what are you doing? i didn't even have the chance to finish my sentence or close to door. there was smoke. i heard it -- i heard it in there was just smoke. i just rand over to her and i just grabbed her head. >> tom told detectives that, sadly, he had been worried about this sort of thing for years. because at she had threatened suicide before. >> what was she saying that she wanted to do torso? >> well, just saying that she wanted to and. did you and the kids would be better off with that. >> and, so she had just said those words but you 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. >> but this time, while the doctors tried to save ashli, tom had been answering questions for hours. >> i have to ask these questions. that i have to understand -- >> i know, but the problem is that i've been here since forking, what, 2:00 and now it's already 5:00. and i don't know what's going on with my wife. >> about then, the detective noticed something else about tom. >> this scratch mark that's on your chest, what is that? >> where? >> you have like a long read -- >> oh, probably because i've been doing this all night. >> this one just goes straight across here. >> well, i don't know it's just me it's not -- >> okay, and i just had to ask. >> the detective left the room and spoke with ali's parents, who had arrived at 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 wouldn't do anything like this. >> she was in good spirits when they left, she said. she was already planning her next party. but tom? he'd always have an awful temper, they said. >> i was always afraid he was going to hurt her. always. always. >> why? what about him? >> his temper. >> you can't go from zero to 100 and think clearly. >> i think that he was just in a fit of rage. and he shot or. >> armed with the new information, the detective went back to talk to tom. and zeroed in on those scratches. officers had given him something clean to work so they could collect his bloody clothing. >> and you have scratches on your body. >> okay. >> do you see this, this is a shade cast. do you know how bad this hurts and it just. so when i'm sitting there, i do this off work and day.

this is actually her blood, it comes off. see? oh my gosh, it's coming off. it's her blood. >> that's actually a scratch, okay? that's a scratch. >> still, the detective pressed him. he had motive an opportunity, she said. >> so when you went upstairs, you are arguing with there. and you know you are arguing with there. >> she was also reluctant to believe that shooting happened so quickly, no threats or warnings or hesitation. >> she went from saying i'm going to do what i want to just pulling -- >> yeah! yeah, she did! i'm not lying to you. >> and, when the detective gave a description about the gunshot wound, the description that turned out to be inaccurate, that really said tom all. >> you know that would, that wound on the back of her head isn't what she could do it herself, tom. it is not. >> oh [bleep] [bleep] [bleep] [bleep]. >> and then, quite suddenly, in the middle of it all,

completely out of nowhere, the detective made an abrupt declaration. >> now, i have to let you know your wife did not make it. your wife did not make it. [crying] she was breathing when i was holding her. she was breathing. they told me she was breathing when she left the house. >> ashley died while thomas in police custody. >> i didn't shoot my wife. i didn't shoot the mother of my kids. i didn't shoot the person who i wanted to have another one with. >> what with the police believe? tom's story that the shooting was a suicide or ashley's parents story that he shot their daughter in a fit of rage? coming up -- >> ashley's family is outraged by the investigation's final report. >> it was incomplete. it was inconsistent. no follow-up, it was

unbelievable. >> when dateline continues. hen dateline continues ust claire and i. she was still recovering from her brain surgery. and side effects of that surgery meant that she had to relearn how to walk and how to speak. ♪♪ [ male announcer ] you can join the battle to save lives by supporting st. jude children's research hospital. two months after we arrived, my three-year-old came to visit, and claire lit up. she was quiet before. and i thought it was just because cancer's hard, but she was really missing her siblings, and i didn't realize how much. all right, young lady. we're going to see how much you weigh, and how tall you are real quick. ♪♪ mama. hey, claire. [ laughter ] ♪♪ [ male announcer ] families never receive a bill from st. jude for treatment, travel, housing, or food,

so they can focus on helping their child live. when you call or go online with your credit or debit card right now, we'll send you this st. jude t-shirt you can wear to show your support to help st. jude save the lives of these children. i experienced life at st. jude. every dollar that goes to st. jude goes to a good place. it's keeping families together during the hardest thing they'll ever face. ♪♪ the first thing i'm going to do when i get home is pet my dog. ♪♪ [ woman ] st. jude saved my daughter's life. [ claire ] i love st. jude. [ male announcer ] please call or go online right now and become a st. jude partner in hope today. hello i'm dara brown, the

families of the idaho -- since the sun was arrested for the brutal signs of four university idaho student. in the state where they say they cooperating with law enforcement, to promote, his assumption prove innocence. the city officer, injured in the machete attack on new year's eve, police say, they found terrorist propaganda on the 19-year-old suspect who is now hospitalized after law enforcement fired instant -- self-defense. now, back to dateline. w, back to dateline. welcome back to dateline. i'm craig melvin. though, covered in blood, and suspicious scratches, tom felt listened systems that he did not harm's wife. that she was the one who pulled the trigger. ashley's parents weren't buying it. but with the police? here again is keith morrison with after the party. >> actually 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 didn't shoot my wife. i didn't -- i didn't 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. >> the news of ashley's death spread quickly in the morning after the party. >> i didn't understand what was happening and why. because everything was fine, that night. >> as much as confusing as anything. >> very confusing. >> she was happy, she didn't seem suicidal. >> andrea, new friend and coworker, drinking buddy at the party couldn't shake the feeling. >> i don't feel like she would've taken her life, tom was the only other person that was there. >> so, if it wasn't her it had

to be him. >> right. >> but for all their middle of the night questions, the police did not arrest tom, nor charged with anything. >> what were they telling you along the way? >> oh, that they were investigating it. >> and ashley's funeral, tom was one of the speakers. >> ashley didn't have much patience. >> and what he said wasn't the sort of thing people expected to hear. >> and she goes, i don't care what you knew do, it where you do, it i want it now. >> it wasn't unusual and, frankly, very emotional human eulogy for reasons only tommy 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 degreed or. >> what was it like to hear that? >> it was shocking. it was unbelievable. >> as the days turned into

weeks, tom remained free. ashley's parent 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 didn't feel like that was, you know, the case. >> they weren't alone, remember, on the night it happened, former deputy brian spencer salt tom rolling around freely with blood and other potential evidence all over him. >> police -- very basic thing. any scene that you respond to, you want to treated us 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. >> but, none of that was done at the scene. >> pretty soon, ashley's parents began to suspect it was a cover-up to protect home. perhaps the so-called blue wall of silence, looking out for a

fellow law enforcement officer. >> there's a hell of a knock-ization to make the. >> it is. it is strong. but that is how we feel. >> mind you, the evidence police department strongly disagreed. both the coroner and the crime scene investigator issued reports concluding as the death was indeed suicide. and, remember, tom told the police she'd express suicidal thoughts before. and she had to close relatives who had taken their own lives. and, investigators found prescription psychotropic drugs in ashley's purse and night stand, which tom told them she quit cold turkey without medical supervision. when she learned she was pregnant. and so, two months after ashley's death, her parents got the news that they feared. police ruled her death a suicide. case closed. >> he made me angry. it made me angry. because i knew, i knew that he shot or.

i knew that actually wouldn't take her life. >> once the case closed and we got the police report, we realized that they didn't do anything. >> so, tell me more about the police report and what you didn't like about it. >> it was incomplete. it was inconsistent. it could've been written by a high school student. no follow-up. it was unbelievable. >> the evidence police department declined -- what they got 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. ask for ashley's parents, well, 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 in a local university. >> and i said to him, tom, murderers always move away.

>> it was important to ashley's 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 who listened that they believe their daughter had been murdered. like a local reporter. then >> he said, do you mind if i start looking into this? angela and i said, no, go ahead start looking into it. and it didn't take him much. >> the reporter asked around. talked to neighbors. and asked the evidence police department to comment on what he heard. and before you know it, the chief announced ashley's case would be reopened. >> i extend my sincere sympathy to the family of ashley fallis four their loss, and the revisited grieve that can accompany the grief of a difficult case such as this one. >> and i start crying. because it's the catalyst for opening everything up. i finally have someone who's taking it seriously. >> denver's fox 41 aired the

startling discovery that -- the investigation. in particular, a neighbor who was only 15 at the time said that he heard tom admit to shooting ashli. >> it's pretty hard to forget hearing someone confessed their murder and then getting away with it. >> to prevent any suggestion of taint or cover-up, the case was turned over to the nearby fort collins police department. for the next seven months, officers talk to witnesses both old and new and hired experts to re-examine forensic evidence. and when their work was done, well, the county d.a., michael roark, decided to assemble a gland jury. >> what i wanted to do is i wanted to put all of that information, as much as we can gather and almost susie does a test run. >> and they said? -- >> and they indicted him. i >> got the phone call that they indicted him. and i just started crying. >> tom fallis was arrested in indiana. charged with second degree murder and brought back to colorado to stay a trial.

ashley's parents were finally optimistic. >> i believe that they would find him guilty of murdering our daughter. i believe that that's going to happen. >> did you decide to believe it or do you really believe it? >> i really believe it. >> coming up -- >> a powerful 12 punch from the prosecution. >> i heard him saying, oh my, god what have i done. >> she said, i can hear her screaming, get off me get off me. >> when dateline continues. when dateline continues when they're sick, they get comfortable anywhere and spread germs everywhere. wherever they rest protection nothing kills more viruses, including the covid-19 virus, on more surfaces than lysol disinfectant spray. lysol. what it takes to protect. need a backup plan? get plan b one-step.

plan b helps prevent pregnancy before it starts by temporarily delaying ovulation—and you can resume your regular birth control right away. i've got this. ♪♪ before dexcom g6, my diabetes was out of control. i was tired. i've got this. not having the energy to do the things that i wanted to do. before dexcom g6, i was frustrated. all of that finger-pricking and all of that pain, my a1c was still stuck. there is a better way to manage diabetes. the dexcom g6 continuous glucose monitoring system eliminates painful fingersticks, helps lower a1c, and it's covered by medicare. before dexcom g6, i couldn't enjoy a single meal. i was always trying to out-guess my glucose

and it was awful. (female announcer) dexcom g6 is a small wearable that sends your glucose numbers to your phone or dexcom receiver without painful fingersticks. the arrow shows the direction your glucose is heading: up, down, or steady, so you can make better decisions about food, insulin, and activity in the moment. it can even alert you before you go too low or when you're high. oh, the fun is absolutely back. after dexcom g6, i can, on the spot, figure out what i'm gonna eat and how it's gonna affect my glucose. when a friend calls and says, "hey, let's go to breakfast," i can get excited again. after using dexcom g6, my diabetes doesn't slow me down at all. i lead line dancing three times a week, i exercise, and i'm just living a great life now. i have eight grandchildren. now i'm able to keep up with them again. we're not afraid anymore. it's so easy to use. dexcom g6 has given me confidence and control that everything i need is right there on my phone. if you have diabetes, then getting on the dexcom g6 is the single most important thing you can do.

once a patient gets on dexcom g6, it's like the lights come on. (david) within months, my a1c went down to 6.9. (earl) my a1c has never been lower. (donna) at my last checkup, my a1c was 5.9. (female announcer) dexcom g6 is the #1 recommended cgm system, and it's backed by 24/7 tech support. call now to get started. you'll talk to a real person. don't wait, this one short call could change your life. (bright music) four years after ashley fallis's the. her husband thomas on trial for murder. dan grossman of nbc denver's affiliate k bsa was in the courtroom for opening statements. >> the rumors are packed, you have ashley's prince, they're a lot of family members and uncles. even just people from the

public were interested in this case. the >> prosecution's allegation was perfectly clear, tom fall argued with his wife and, in a fit of rage, shot and killed her. >> and, in conclusion of this, case after we've received all of the evidence, we will be convinced from the honoree is no doubt that it is him who pulled the trigger. >> prosecution witnesses said that actually wasn't high-spirited 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. >> tom though? >> ashley sonne cold testified about tom's sudden blow up when he discovered ashli asked him for join. >> and then i was sort of taken back up by it because everything was fun that night and all of the sudden, boom, so it's like whoa! >> the neighbors had actually told her how tom got physical with her. >> she told me how she had pushed around before. he had never hitter. but he was physical and pushing

her. >> dea roark wanted the jury to hear that tom had a hot temper, that he was volatile. >> anger would've been the most obvious motive. >> simply lost his anger? >> anger. >> -- >> to prove it, the witness. ear witness you could say. nick glover, the neighbor whose story was reported on television and helped reported the case. >> i heard him saying to a cop, oh my god, what have i done, what have i done. >> nick was 15 at the time. he, said he remembered crouching down inside of this house under an open window, listening to tom speak to people in his driveway. >> you could hear one of them, i do not know who it was say what? what do you mean? and he proceeded to say, i shot my wife. >> next, said he knew it was tom. he could see him out the window. >> how certain are you that the voice you're hearing is tom fallis's voice? >> i am 100%.

>> there was more. nick's mom, kathy arrigo glover testified that night, that she got a call from a teenage neighbor around 1 am. >> she said, please help me call the police. >> and i said no, i didn't. and she said why? 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. >> powerful evidence. and then that neighbor testified. but, 00. >> do you remember telling kathy glover the phone conversation about saying, early morning, i heard her screaming, get off me, get off me. >> i do not. >> she was 16 and drinking that night, she says. so, that might explain her faulty memory. >> do you recall telling officer crossing that you heard a female yelling, get off of me, get off of me. >> i do not. >> did you expect that from her? >> yeah.

it didn't surprise me. >> it hurt you the. >> it heard. but, i thought when you had a police officer interviews are within an hour, an hour and half of the shooting. as she was clear as day saying that these are the things i heard from my back window, whether she had been drinking that night or not. to me, that is the most believable version of events. >> so, a hiccup perhaps. but, then there was the crime scene. remember, the corner and the csi officer says, at the, time the scene screamed suicide. but this prosecution witness -- >> my name is jonathan w. priest. priest is a former homicide detective and forensic consultant who used a miniature model of the fellas bedroom to show her position. >> so, she has to be here and then bend down so that she will fit this trajectory area. >> he was convinced that if ashley shot herself, there would be more blood on the floor and surrounding surfaces. not just this one carpet state. >> so, we have indications of

bleeding. but the type of injury that we are talking about is going to bleed a lot. and that is not the kind of stain i would expect to see if that's what was occurring. something is keeping that blood from reaching that area. >> and he believed that something was tom fallis. remember, his clothing was drenched with blood. the police concluded that tom and ashley must have been in close contact with the gun went off. you think the prosecutor, he suggested that there was a struggle when the shot was fired. >> i can keep blood staining from getting on to the wall, but -- or on to the cabinet and i can lower her continuing to bleed onto my shirt to where i get her in this position. >> the prosecution rested its case. and what possible defense could there be? well, first start, this -- >> i have so much pain on the inside. i can no longer take it. >> 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 ashli fallis to be going through? >> mood swings. impulsive behaviors. >> and, the verdict. when dateline continues. when dateline continues.

plan a didn't work out? get plan b one-step. plan b helps prevent pregnancy before it starts, and it won't impact your ability to get pregnant in the future. find it yourself in the family planning aisle no prescription, no id. i've got this. ♪♪ it can't be an easy thing for,

imagining the moment he or she didn't see -- >> -- >> and deciding what must have happened. did tom fallis killers wife ashley in a fifth of violent temper or what? >> tom fallis did not kill his wife and mother of their three children. ashley fallis committed suicide.

remember how the prosecution talked of ashley's happy friend of mine. that friend was a kind of lies said the defense. >> ashley fallis was a beautiful woman but she had a terrible pain inside. she was mentally ill. >> the defense put one of ashley's close friends on the stand. >> what did you know of ashley have been a mental illness? >> i knew that she was on medications. we spoke pretty in-depth about that. >> but even with the medications, the friend testified, ashley had trouble controlling her emotions. >> what kind of mental health issues did you observe ashli fallis to be going through? >> depression, mood swings, impulsive behaviors. >> 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. i am sorry to do this to you and the kids but i find myself not even liking my children. >> 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 to the school we have chosen. i do love them. i just can't take this life any longer. please make sure you let them know every day that i do love them and this is not their fault. suicide expert, doctor michael allen studied the letter as well as ashley's medical records and testified about his review. >> the of an opinion in this case about whether or not ashley fallis is a high risk to commit suicide on january 1st 2012? >> yes. in my opinion, is that she had many, many risk factors and warning signs. >> remember, detectives have

learned years before that actually had a family history of suicide. both her maternal uncle and her grandmother took their own lives. that, said doctor alan, put ashley at a higher risk for doing the same thing. >> to close family members who had died by suicide would suggest a genetic protest city for suicide. >> the defense argued that on new year's 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 planted -- further marijuana after the party. and that is why tom was upset. >> she was vulnerable. he was concerned about her. he didn't want her to add marijuana to this toxic system that was developing instead of ashley fallis.

>> the defense conceded ashley and tom quarreled that night. but insisted it never got physical. those scratches on tom's chess, the ones the prosecutors believed were proof of a struggle, dna test never found any evidence to support it. >> you did not find any of ashley fallis's dna, cellular material on those swabs from tom's chest, correct? >> that is correct. >> the defense reminded them that tom told the police why he had those scratches. that he had done a little man scraping to spice up his marriage. he had texted some photos to prove it. >> there is tom faultless when he has found 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 is. thought you might like it. >> so, the scratches, said the defense was because it was itchy. that's all. >> as for the so-called witnesses of defense, totally unreliable.

the one changed her story on the stand. and the other? just months after the shooting, young iris eytan nick glover, when capping with tom. the very man he said he heard confessed to shooting ashli fallis. >> i had no time during the camping trip with tom fallis did you ever tell anybody that you are uncomfortable being there with tom fallis? >> i do not recall. >> who had to believe. for example, wasn't one but two prosecution crime scene analysts. this one, you've already heard, believed it was murder. but this one? >> most people that should somebody and in an act of rage, they don't stop with one shot. >> dan galen was the crime scene expert from the first investigation of ashley's death. using a defense attorney, about the same headed ashley, he demonstrated how difficult it would've been for someone as tall as tom who could've shot ashli at an angle that match

the bullet trajectory. >> first of all, is that an unnatural position? for another person to be holding the gun in that matter? >> it is, for me. >> and, mr. fallis is six feet tall, how tall are you? >> i'm six feet as well. >> and the gun -- >> the shooting happened in arms reach of where it was usually stored said the defense. after examining all the ballistic blood splatter evidence, -- just didn't believe the shooting was murder. >> i believe that the story that mr. faultless gave is consistent with the evidence found at the scene. >> in other words, he thought it was suicide. so, what happened in that moment after midnight? how would a jury decide? >> upon reaching a verdict, you will form the billet who will intern notify me. >> the usa -- settled in for a bit of a weight. >> this was almost a three-week trial. there's a lot of evidence. you >> thought that they were looking at coming back the next day to hear the verdict.

>> but, no. less than four hours later, a verdict. we >> the jury find the defendant thomas fallis not guilty in right of the second degree and all lesser defenses signed by the jury foreperson. >> not guilty. not murder. after four long years of living under a cloud of suspicion, tom fallis was acquitted of all charges. >> he stayed straight face to his defense attorney. he was very emotional. but ashley's parents, they left the courtroom fairly quickly. >> ashley's parents declined to talk with -- after the verdict but their legal battles were far from over. they filed a civil lawsuit against several law enforcement officers of the events police department, who, they believed falsified and alter and admitted key evidence to make ashley's death look like a suicide. despite the verdict, they continue to pursue the case.

but, in 2017, a u.s. district court issued a final judgment dismissing their claims. >> what about ashli's family, can they just accept this and go on? >> i don't think the lever accepted. to say that they were distraught would be an understatement. they, i, think truly believe that tom salas killed their daughter and they are never going to let that go. >> an idea once so deeply engraved, sure enough will not go away. and tom flawless and his children make a life as best they can. >> that's all for this edition of dateline. i'm craig melvin. thank you for watching. thank you for watching >> this sunday, democracy disrupted. >> stop the steal! >> social-media platforms are reshaping our politics. >> we try to do what this sunday, the one-month sprint to iowa and new hampshire begins.