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48 Hours

Death After Midnight

20 Mar 2026

Transcription

Chapter 1: What happened to Ashley Fallis on New Year's Day 2012?

0.031 - 17.507 Erin Moriarty

When beloved family patriarch Gary Ferris went missing, his family looked everywhere on their property until they came across something horrifying. It's a homicide. Absolutely. The blame game in this family went round and round. This is Blood is Thicker, The Ferris Wheel.

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17.767 - 21.491 Unknown

I don't see how anyone can look at this story and think they were happy.

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21.831 - 28.317 Erin Moriarty

Follow and listen to Blood is Thicker, The Ferris Wheel on the free Odyssey app or wherever you get your podcasts.

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37.426 - 62.117 Joel Ragunden

It is incredibly unbelievable to see your kid laying in a bed with a bullet hole through them.

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63.835 - 65.552 Jenna Fox

He shot her. I know he shot her.

65.915 - 67.753 Joel Ragunden

I did not shoot my wife.

69.286 - 73.43 Tom Fallis

What was that that made you decide this was a case worth investigating?

73.871 - 88.085 SPEAKER_00

There was enough there to suggest that there wasn't at least a thorough investigation. And so I thought I owed it to the family to look at that. I received a tip about this last week and have been working on it. It was brought to my attention by a Fox 31 report. The new investigation that began after our story first.

88.125 - 96.373 SPEAKER_00

Probably four days after New Year's Eve 2011, a family came to me and said someone killed our daughter and got away with it.

Chapter 2: What were the circumstances leading up to Ashley's death?

158.601 - 187.245 Tom Fallis

And that's the last we saw our daughter. I heard her gun cock, and I looked out. I was like, what are you doing? There was smoke. I just ran over to her, and I just grabbed her head. I called 911. I told them our address, and I told them that my wife shot herself. From the very beginning, for whatever reason, Devon's Police Department ruled Ashley's death as a suicide.

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189.335 - 195.164 SPEAKER_00

They said basically that it had been closed as a suicide within 24 hours, and it was never looked at as a homicide.

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197.408 - 212.271 Justin Joseph

The central question that I had to look into as a reporter was whether or not on January 1st of 2012, whether Ashley Fallis, this mother, shot herself in the head, or whether her husband, who was also a sheriff's corrections officer, shot her and then covered it up.

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213.652 - 234.748 Tom Fallis

We hired a forensic animator who examined all the evidence at the death scene, and he reached two equally plausible explanations. One murder. One suicide. That's a difficult case, then, when the evidence could go either way.

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235.1 - 241.467 SPEAKER_00

It's a difficult case. It was different than anything I'd done before. I fielded phone calls in the middle of the night more times than I can count.

241.987 - 258.385 Tom Fallis

I mean, I'd never had a case where I did become part of the story. You start on this case, and then all of a sudden, what you uncover changes everything. It did. Did you ever expect what you would uncover would actually lead to an indictment?

259.426 - 262.609 SPEAKER_00

No, I did not. I didn't, you know, I never expected there to be a trial.

263.517 - 288.816 Tom Fallis

He watched the most dramatic and traumatic thing any human being could ever be forced to watch. Go in the courtroom and you see Tom Fallis at the defense table. Isn't that what you always wanted? Absolutely. I desired to see justice served. I think everyone looks to a trial to resolve a case, to come to the truth. It doesn't always, does it? It doesn't.

296.98 - 303.771 Jenna Fox

After she died, even the day after she died, in my mind I couldn't comprehend that I would not speak to her every day.

Chapter 3: How did the investigation into Ashley's death unfold?

781.094 - 784.941 Joel Ragunden

I don't think we've had maybe one or two armed robberies since I've been here in almost eight years.

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786.355 - 809.461 Tom Fallis

Even though Tom Fallis had called in the shooting as a suicide, police brought him in for questioning early that morning while his parents watched the children. Investigators were suspicious right away. She'd have to go like this. Because the neighbors said they heard yelling. Tom was questioned by Detective Rita Wolf. She's telling you to get off of her.

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809.742 - 810.623 SPEAKER_00

I wasn't on her.

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810.843 - 817.032 Tom Fallis

Why do you think someone said that they could hear her vividly say, get off of me, get off of me?

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817.373 - 818.574 Joel Ragunden

I wasn't on her.

818.795 - 820.617 Tom Fallis

Somebody's just making that up, Tom?

821.398 - 823.281 Erin Moriarty

My wife never told me to get off of her.

823.379 - 836.195 Tom Fallis

And so when you went upstairs, you were arguing with her. That wound on the back of her head isn't where she could do it herself, Tom. It is not. Bull . It is not. Bull . Bull .

836.215 - 838.257 Erin Moriarty

Bull . I didn't shoot my wife.

Chapter 4: What evidence was presented in the trial against Tom Fallis?

1036.763 - 1043.166 Tom Fallis

How would you describe the last two years?

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1044.771 - 1046.096 Jenna Fox

It's definitely a roller coaster.

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1046.136 - 1064.894 Tom Fallis

It's hard to grieve. In early 2014, Jenna Fox and Joel Ragunden were still convinced that their son-in-law Tom Fallis murdered their daughter Ashley after the New Year's party in 2012. Why would he kill her?

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1065.354 - 1071.462 Jenna Fox

Out of anger. I think it's a high possibility because of the divorce papers, because of everything that was going on.

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1072.825 - 1102.104 Tom Fallis

But the Evans Police Department did rule Ashley's death a suicide and close the case. And it remained closed until reporter Justin Joseph got a call. I had a source with law enforcement who called me and said, something isn't right about this case. Joseph, who is also a CBS News consultant, spent months investigating and interviewing neighbors who had initially spoken to police.

1102.124 - 1107.632 Tom Fallis

And then in April 2014, he got a major break.

1107.652 - 1110.656 Justin Joseph

Jeremy, as you know, this is a complicated case with many layers.

1111.217 - 1119.808 Tom Fallis

A young next door neighbor, Nick Glover, told Joseph something about Tom Fallis that was not in the police reports.

1120.008 - 1137.409 Nick Glover

I saw him walk out, so we all ducked underneath the windowsill, and his parents were standing outside, and he's saying, oh, my God, I can't believe I did it, three or four times, and then his parents said, what? What are you saying? And I remember I heard him say, I shot her.

Chapter 5: What were the key arguments made by the prosecution and defense?

1299.44 - 1318.917 Tom Fallis

Chief Brandt insists there was no cover-up, that his officers just made some mistakes. But he can't really explain why his department concluded so quickly, just days after Ashley's death, that she committed suicide, especially when there was so much circumstantial evidence pointing to foul play.

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1322.879 - 1333.556 Tom Fallis

The pictures, the divorce papers, numerous witnesses at the party reported that Tom was angry that night. Aren't those inconsistencies very troubling?

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1334.818 - 1350.203 Joel Ragunden

I'm not informed to that level of detail on cases. I get kind of overviews, briefings, where we're at. So much of the detail that you're talking about now, in hindsight after reviewing it, yes, those draw questions.

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1350.638 - 1369.625 Tom Fallis

Chief Brand says his less experienced officers called in the CBI, the Colorado Bureau of Investigation, for assistance, and then later closed their own investigation. I mean, that's a really important question. Why would you close the case when you still have lab results pending?

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1369.705 - 1372.969 Joel Ragunden

I think that was a mistake. I don't think you do close a case when there's lab results pending.

1372.989 - 1374.431 Tom Fallis

So why was it closed?

1374.451 - 1375.933 Joel Ragunden

I can't answer that question.

1376.094 - 1377.135 Tom Fallis

But this is your department.

1377.571 - 1380.696 Joel Ragunden

It is my department, but I don't run investigations.

Chapter 6: What was the jury's verdict in the case of Ashley Fallis?

1824.962 - 1831.528 Nick Glover

When I heard him saying, oh, my God, what have I done? Oh, my God, what have I done? And he proceeded to say, I shot my wife.

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1832.065 - 1839.154 Jenna Fox

How certain are you or are you not that the voice you're hearing is Tom Fallis' voice that you're seeing standing in that quadrant of your driveway?

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1840.476 - 1846.284 Nick Glover

I'm 100%. I wouldn't forget or not hear something like that and not remember it.

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1846.885 - 1850.55 Tom Fallis

But Tom's parents deny that conversation ever happened.

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1851.11 - 1851.411 Joel Ragunden

Never.

1851.451 - 1865.261 Tom Fallis

And others who were right there with Nick that night say they also didn't hear it. Nick's mother, Kathy Glover, then tells the jury about a 1 a.m. phone call she got from neighbor Chelsea Arrigo.

1865.682 - 1872.411 Ashley Fallis's uncle

When I answered the phone, she said, please tell me you called the police because your neighbor just shot his wife.

1873.272 - 1887.351 Tom Fallis

But her story is undercut when Chelsea Arrigo herself takes the stand and says she doesn't even remember the call. All I remember was hearing some arguing, but that's it.

1887.685 - 1889.129 Unknown

Do you recall any particular statements?

Chapter 7: How did Ashley's family react to the trial's outcome?

2076.668 - 2080.753 Jenna Fox

Has she struggled at points in her past? Sure. Had a lot of people? Absolutely.

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2081.133 - 2093.815 SPEAKER_00

Does that mean she committed suicide? No. He's in a rage. That's the man that was in that house. That's what's going on in his head. That's what's going on in his heart. And that is the person that was in that bedroom with Ashley Fallis.

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2096.32 - 2140.829 Tom Fallis

They have to prove that he had her gun beyond a reasonable doubt. Held the gun to her head beyond a reasonable doubt. and pulled the trigger beyond a reasonable doubt. You all must be convinced of that. Tom Fallis' future hangs in the balance. To see him in the courtroom, I felt like we had a shot of hope that justice would be served.

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2142.251 - 2168.313 Tom Fallis

As key witnesses for the prosecution, Ashley's parents were not allowed to view much of the trial outside of their own testimony. But from what they heard from those inside the courtroom, the case against Tom Fallis might not be the slam dunk they thought it would be. He was losing the love of his life. But Jenna and Joel remained hopeful as the case went to the jury.

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2168.693 - 2182.488 Tom Fallis

However, they soon got a jolt. The jurors were out how long? Three and a half hours. Three and a half hours, and an hour of that was their lunch. Did that seem right, three and a half hours? No. No.

2183.99 - 2185.511 Justin Joseph

The jury has reached verdict.

2186.212 - 2191.978 Tom Fallis

Four years after Ashley's death, the judge read the jury's decision.

2194.169 - 2200.24 Justin Joseph

We, the jury, find the defendant, Thomas Fallis, not guilty of murder in the second degree and all lesser included offenses.

2201.261 - 2232.691 Tom Fallis

Tom Fallis was free. Tell me that moment when you heard the verdict. Shock. I was just like, Tom just got away with murder again. For Ashley's parents, the speed of the verdict made it even worse. They're talking about the life of my daughter and the well-being of my grandchildren. And for them to make that decision that quickly is sickening to me. It really is. It's haunting.

Chapter 8: What does the future hold for Ashley's children post-trial?

2271.119 - 2297.515 Tom Fallis

But jurors say that in the isolation of the courtroom, the case seemed straightforward. They believed Ashley Fallis was in a dire mental state, which led her to take her own life. Was this a case of reasonable doubt for you all? Is this just there wasn't enough evidence to go? Or are you absolutely convinced you know what happened? I'm convinced.

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2298.659 - 2319.807 Tom Fallis

I think it was a perfect storm just waiting to happen. Devonna believes, though, that the truth of what happened may not have been what either side presented in the courtroom. I think that the argument that they had that night was probably a little bit more intense, but I don't think that he did it. I don't think that he actually pulled the trigger.

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2320.247 - 2346.576 Tom Fallis

There was nothing there that said Tom was holding the gun. I just couldn't put it there. And they question how the case even made it to trial. I don't think there was enough evidence to reopen the case. I think the case was reopened just due to pressure from the media. I feel that's what Jenna Fox and Joel Rogan were out to do. They were out to get justice for Ashley.

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2347.097 - 2349.76 Unknown

And they needed some media attention to reopen the case.

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2349.976 - 2358.627 SPEAKER_00

I received a tip about this last week and have been working on it. For me, my job as a reporter were to get as many facts out there and to get those to the jury.

2359.148 - 2377.131 Justin Joseph

And I certainly have no regrets about the integrity of our reporting. But in the end, the police department and the Weld County Sheriff did not do their jobs the night this happened. The jury didn't have what they needed to be able to decide whether or not Tom Fallis pulled the trigger. And from that standpoint, the jury made the right decision.

2377.499 - 2403.863 Tom Fallis

Tom Fallis declined to speak with 48 Hours. The verdict changes nothing for Ashley's family. They still believe Ashley would never take her own life and leave her children behind. Is it at all possible that she just, after her husband got so angry with you, she just couldn't handle the stress? And she took her life. No way. I don't think so. Absolutely not.

2404.344 - 2420.837 Tom Fallis

As they wrestled with their frustrations after the verdict. Don't, don't, don't. I know you're pissed, but don't. Pissed. Ashley's parents could barely contain their emotions. Especially because of how they believed their daughter was portrayed in court.

2421.34 - 2432.235 Jenna Fox

They made her look bad by calling her a spitfire, and this jury fell for it. They were up there calling her a spitfire, like it was this bad thing. That's what she used to call me.

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