Page 35 - Tom Fallis News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Grabbed her head. >> reporter: tom told detectives that sadly, he'd been worried about just this sort of thing for more than a year, because ashley had threatened suicide before. >> what was she saying that she wanted to do to herself? >> oh just that, she just wants to end it. she's like, "you and the kids will be better off without me." >> and so she just said those words but she never acted on it. and so, how long is -- >> never once, never once has she ever grabbed her gun, has she ever loaded it -- has she ever made this type of gesture whatsoever. >> reporter: by this time, while the doc...

Miscarriage that broke her will to go on. that she spent the night masking her pain with alcohol that she planned to dull it further with marijuana after the party. and that's 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 inside of ashley fallis. >> reporter: the defense conceded ashley and tom quarrelled that night, but insisted it never got physical. those scratches on tom's chest? the ones the prosecutors believed were proof of a struggle? dna tests never found any evidence to support that. ...

Amount of blood. >> reporter: it was odd, brian thought, that evans police officers didn't take tom's clothes or bag his hands for gun shot 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. >> reporter: but that's not what happened. not at all. and soon after ashley was rushed off to the e.r., tom got into the back of a squad car and was driven away. but surprisingly, it would not be to the hospital. coming up, tom tells his story. >> i heard her gun cock. and i looked out, i w...

>> i knew that she was on medications. we spoke pretty in depth about that. >> reporter: but even with medications, the friend testifed, ashley had trouble controlling her emotions. >> what kind of mental health issues, uhm, did you observe ashley fallis to be going through? >> depression, mood swings, impulsive behaviors. >> reporter: 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'm sorry to do this to you and the kids, but i find myself not even liking my children."...

Interested in this case. >> reporter: the prosecution's allegation was perfectly clear: ---tom fallis argued with his wife and in a fit of rage, shot and killed her. >> at the conclusion of this case after you've received all of the evidence, you will be convinced, beyond a reasonable doubt, that it is him who pulled the trigger. >> reporter: prosecution witnesses said ashley was in high spirits at her new year's eve party, not at all suicidal. >> she was happy the whole night laughing, smiling. >> she was dancing with her all the guests >> reporter: tom, though? ashley's uncle john testified ...