Parents of shooting victim start custody battle for their grandchildren in Indiana

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

INDIANAPOLIS, Ind. -- The parents of Ashley Fallis remained in Indiana Wednesday night. They’re starting a tough custody fight for their grandchildren and Thursday they may learn if the man accused of killing their daughter will be free pending trial.

You saw Tom Fallis’ arrest Tuesday on FOX31 Denver and Justin Joseph is in Indianapolis reporting about what the family can expect in court Thursday.

We learned Wednesday Tom Fallis had a plan in place in case of his arrest.

He wanted his children with his parents and even though his parents are alleged witnesses to his confession – that’s how it will be until a judge steps in. Ashley’s parents started the process to make that happen Wednesday.

With one fight over another begins. “From the beginning I’ve wanted nothing but truth and justice and it has finally arrived with him being locked up,” says Ashley’s father Joel Raguindin.

In an unfamiliar town with an unfamiliar court system Jenna Fox and Joel Raguindin spent the day in the Monroe County courthouse. They’re answering phone calls from attorneys

They initiated a custody fight for their three grandchildren, one of whom is an eyewitness to their daughter’s alleged murder.

“We are just focused on the kids. What’s best for them and to get them into some therapy that they’ve needed for some time,” says Ashley’s mother Jenna Fox.

The couple flew to Indiana where Tuesday police arrested their former son-in-law Tom Fallis at his home.

The parents believe the former Weld County law enforcement officer murdered their daughter – even though he has denied it since the night it happened almost three years ago.

“I think it’s a huge relief,” Fox says in reference to Fallis’ arrest Tuesday. But we’ve always had concerns because of his temper.”

While Fallis will be back in the Monroe courtroom Thursday, his children’s fate is less certain.

“There’s no joy in this … the kids’ mother killed. They lost their mother and their father. And he deserves to be in prison but I can’t say there was joy in this,” Jenna Fox says.

Ashley Fallis and her childrenSo now an Indiana judge must decide what is in the children’s best interest. Will he have them move move to Colorado with Jenna and Joel? Or will they live at their home in Bloomington with Tom Fallis’ parents – the people to whom he allegedly confessed that night -- all of it overheard by a neighbor. “I remember his parents saying what did you do Tom? And he said ‘I shot her,’” that neighbor told FOX31 Denver.

“The kids are confused. They’re scared, confused. They really don’t know too much of what’s going on,” Fox says.

Joel and Jenna say money has never been a problem for tom and his parents – … and so they expect him to soon be free.

To be free – Tom Fallis must post one bond of $200,000 plus another bond for extradition.

Whether that means freedom with his children or without – is a question a judge will soon decide.

Ashley’s parents have been engaged in a fight with a Colorado judge just to see their grandchildren after Tom Fallis tried to keep them from doing so.

Even with these accusations against Fallis – that judge isn’t budging. The family hopes to resolve the issue in December.