Tom Fallis, a former sheriff's deputy in Weld County, Colorado, was recently indicted for allegedly murdering his wife in 2012 in Evans, Colorado.
Fallis was arrested in Bloomington, Indiana, where he had moved with his three young children, on Tuesday. He now faces extradition to Colorado (video below).
Fallis is accused of killing his wife, Ashley, during an argument in the early morning hours of Jan. 1, 2012.
Fallis and Ashley were having a party at their home on New Year's when she informed him that she was going outside to "have a smoke," which he believed to be marijuana, said the indictment.
After all the guests departed, Fallis continued arguing with his wife and allegedly grabbed a handgun, which he held "to the right side of Ashley's head and pulled the trigger," states the indictment.
"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," added the indictment.
Ashley's death was ruled a suicide in 2012, but Evans Police Chief Rick Brandt told 7 NEWS that while Ashley's death was investigated correctly, new information was brought to his attention in April that required her case to be reopened.
Chief Brandt subsequently brought in the Fort Collins Police Services and the Loveland Police Department to reopen the case.
Ashley's family had previously accused Evans Police Detective Michael Yates of changing the testimony of witnesses and leaving evidence out of his report.
Dan Recht, a lawyer for Ashley's parents, told 7 News, "The one glaring piece of evidence that never made it into their reports is that there was a neighbor that very specifically has said from the very beginning and continues to say to this day that he overheard Tom Fallis admitting to his parents that he shot and killed his wife."
In another twist, a Weld County judge says that he doesn't have jurisdiction over where the Fallis children will live because they are currently living with Fallis' mother in Indiana, reports KDVR.
Ashley's parents are fighting for custody of the children, but Fallis claimed they are unfit. Ashley's mother, Jenna Fox, hired a third party to evaluate whether or not she and her husband were fit to take custody of the children. The third party reported they were.