A 33-year-old Texas man has been indicted on a murder charge in the tragic killing of 9-year-old Arlene Alvarez in February 2022. This indictment comes nearly two years after a previous grand jury had declined to indict him in connection with the child's fatal shooting.
The man, identified as Tony Earls Jr., was initially released after a Harris County grand jury did not indict him for aggravated assault in July 2022. However, the case was revisited this year after District Attorney Kim Ogg assigned a special prosecutor to re-examine the circumstances.
According to the district attorney's office, the incident unfolded when Earls was at a bank on the night of February 14, 2022, and was robbed at gunpoint. In response, Earls pulled out a gun and began firing at the fleeing robber. Tragically, as he fired shots, the Alvarez family drove past the bank with Arlene in the back seat, and several bullets struck their pickup truck, fatally hitting the young girl.
Arlene, a fourth-grade student known for caring for her younger siblings and getting along with everyone, was on her way to a Valentine's Day dinner with her family when the shooting occurred.
Earls claimed that he started shooting because he believed he was being shot at after hearing gunshots as the robber ran away. He reportedly did not realize that someone had been hit by his gunfire and left the scene to call the police to report the robbery.
Special prosecutor Warren Diepraam, who took on the case, stated that an FBI firearms expert examined the evidence and concluded that Earls had no justification to shoot into the passing vehicle with Arlene inside.
Diepraam also mentioned that Houston police are still actively working to identify and apprehend the armed individual who robbed Earls on that fateful night.
District Attorney Ogg emphasized the importance of seeking justice in this case, stating that every effort has been made to uncover the truth and ensure that justice is served for Arlene Alvarez and her family.
