DISTRICT COURT, WELD COUNTY, COLORADO 901 9" Avenue Greeley, Colorado 80631 (970) 475-2400 PEOPLE OF THE STATE OF COLORADO, Plaintiff ‘Thomas Fallis, Defendant, ‘A Court Use Only A Kenneth R. Buck, District Attomey: Address: 915 10" Street, P.O. Box 1167 Greeley, Colorado 80632 Phone Number: 970-356-4010 Fax: 970-352-8023 Case No. Division INDICTMENT CHARGI COUNT ONE: MURDER IN THE SECOND DEGREE, C.R.S. 18-3-103(1), (F2) (01023)‘The Grand Jury presents an Indictment and the same is ordered filed. By the Court this 17 day of _(Novembs 2014. Carmi tA yt — JAMES F, HARTMANN CHIEF JUDGE, 19" JUDICIAL DISTRICTCOUNT 0! MURDER IN THE SECOND DEGREE, C.R.S. 18-3-103(1) (F2) On or about the 1" day of January, 2012, in the County of Weld, State of Colorado, Thomas Fallis unlawfully, feloniously, and knowingly caused the death of Ashley Fallis; in violation of section 18-3- 103(1). CRS. Committed in the following manner: 1. 10. u 12 13. On December 31, 2011, the Defendant and Ashley Fallis hosted a party celebrating New Years Eve. In attendance at the party were approximately 15-20 people, to include Ashley Fallis’ parents and aunt and uncle. ‘At approximately 12:30 a.m. on January 1, 2012, Ashley Fallis told the Defendant that she was going outside to “have a smoke.” ‘The Defendant became irate at the belief that she was going to smoke marijuana. After a heated argument with Peggy Schmitzer, the Defendant began yelling and stormed into the master bedroom, slamming the door behind him. Ashley Fallis’ parents and aunt and uncle left the party, drove down the street and parked their cars to discuss the argument and demeanor they had just observed. ‘The Defendant and Ashley argued in the master bedroom. ‘The Defendant remained irate during this argument. ‘The Defendant obtained a Taurus 9mm handgun, and during the 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 herself in the head. The 911 call was made at 12:50 a.m, on January 1, 2012. ‘At 3:44 am. on January 1, 2012, Ashley Fallis was pronounced dead by physicians at the North Colorado Medical Center. ‘On January 2, 2012, following an autopsy by Dr. James Wilkerson at McKee Medical Center in Loveland, Colorado, cause of death was determined to be a gunshot wound to the right side of Ashley Fallis’s head with the bullet exiting the left side of the head