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A 33-year-old man from Texas was charged with murder on Tuesday in the killing of 9-year-old Arlene Alvarez in February 2022. This indictment comes almost two years after a previous grand jury had decided not to charge him in relation to the child’s shooting death.
Tony Earls Jr. was released in July 2022 when a Harris County grand jury decided not to charge him with aggravated assault. However, the case was reevaluated by another grand jury this year after District Attorney Kim Ogg appointed a special prosecutor to review it.
On the night of February 14, 2022, while at a bank, Earls found himself in a harrowing situation. According to the district attorney’s office, he was robbed at gunpoint. As the robber fled the scene, Earls courageously pulled out his own gun and started firing at the suspect.
Fourth-grader Arlene, the caretaker of her younger siblings who were also present during the shooting, was described by her parents’ attorney as someone who “got along with everyone.”
According to prosecutors, Earls stated that he started shooting because he heard gunshots when the robber attempted to flee. He believed that he was being shot at and was unaware that someone had been injured by his gunfire. After the incident, Earls left the scene to call the police and report the robbery, as reported by KHOU.
The individual was arrested and faced charges, but he was subsequently released when the grand jury decided not to indict him.
Special prosecutor Warren Diepraam, who handled the case, enlisted the expertise of an FBI firearms specialist to analyze the evidence.
According to Diepraam, the expert believes that Mr. Earls witnessed the robber running past the vehicle with Arlene Alvarez inside. The statement emphasizes that the vehicle did not provide Mr. Earls with any reason to shoot into it.
Houston police are actively working to identify and apprehend the individual who robbed Earls at gunpoint.
CNN has contacted Earls’ lawyers for their input. If found guilty, he could potentially face a prison sentence ranging from five years to life, according to the district attorney’s office.
“We are committed to upholding justice, and as part of that commitment, we felt it necessary to present new evidence to a fresh grand jury,” stated Ogg, the district attorney. “Our efforts have been focused on uncovering the truth surrounding the events of that day, as we strive for a just resolution.”
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