DENVER — The family of an alleged murder victim says a judge made a mistake in setting her alleged killer’s bond.
Tom Fallis waived extradition Thursday and he’s on his way back to Colorado to face a murder charge.
Right now, if he posts $200,000 bond, he goes free.
Facebook posts have asked the same question. How can Tom Fallis be accused of this crime and post a bond and be free. Some say $200,000 isn’t enough.
FOX31 Denver found a domestic violence statute that suggests the court may need to take another look.
Tom Fallis’ attorney told an Indiana Judge her client would post the $200,000 bond in Colorado which would set him free when Indiana extradites him.
According to the Weld County District Attorney the bond carried no conditions allowing Tom Fallis to return to his home in Bloomington, Indiana.
Attorney Dan Recht says he believes in setting the bond, Judge James Hartmann may have failed to apply the requirements of a statute which governs domestic violence cases.
“That means clearly under the statute the defendant must be brought before the court and given a protection order and advised of the protection order and the victim has a right to be there,” Recht says.
In this case, since the victim is gone, Ashley Fallis’ parents would step in on her behalf. Under Colorado’s victim’s rights laws they would be allowed input on a mandatory protection order which must be issued under the domestic violence statute.
“Mandatory protection order is multifaceted. It lists the people you cannot have contact with and that could include the children and it also says you do not have a firearm,” Recht says.
Ashley’s parents say now that he’s charged, they believe Tom Fallis poses a danger to the children since police say one of them told officers she saw “daddy shoot mommy.”
Ashley Fallis’ parents say they want Judge Hartmann to keep Tom Fallis from having unsupervised contact with his children until an Indiana Judge can take action in early December.
While it’s not clear why the statute was not applied, Recht says sometimes mistakes are made. “It does happen. It could be an oversight and frankly if it is brought to the judge’s attention it will be corrected and he won’t be released on bond until he’s brought before the court.”