EVANS, Colo. — Prosecutors in Weld County told Ashley Fallis’ family Wednesday that they did not believe they could win a criminal prosecution against an Evans police detective who investigated Ashley’s 2012 death.
“I’m disappointed but I’m not surprised,” said Ashley’s mother Jenna Fox.
Fox said in the hour-long meeting, prosecutors said they could reveal little since the criminal investigation against Ashley’s husband Tom Fallis is still underway. Fox said prosecutors have turned the case against Detective Michael Yates back over to Evans police for internal proceedings.
In April, as a result of a Fox 31 Denver investigation, Ashley Fallis’ death investigation was reopened. Fox 31 Denver uncovered police reports containing material omissions in Detective Michael Yates’ reports. The omissions were statements allegedly made by Tom Fallis the night of his wife’s death.
“I heard him say ‘I shot her,’” said neighbor Nick Glover. He says he told those statements to Detective Yates, but Yates’ reports did not contain them.
On Wednesday, prosecutors declined to charge Yates criminally for omitting the statements.
Chief Rick Brandt issued a statement Thursday stating that he will now request an internal affairs investigation to determine if Yates violated department policies.
A criminal case is very hard to prove against an officer,” said Fox’s attorney Dan Recht. “This does not mean that he won’t be suspended or fired as a result of an internal investigation,” which Recht says he expects.
The Fallis family remains focused on the criminal investigation. They are also planning a fundraiser. Those interested in details can check the Ashley Fallis Memorial Foundation Facebook page.