HOUSTON– A man accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022 has been charged with murder in her death.
Tuesday’s indictment of Tony Earls comes nearly two years after another grand jury declined to indict him in the death of Arlene Alvarez.
“We have a duty to ensure justice is done, and that meant calling for a new grand jury to look at new evidence,” Harris County District Attorney Kim Ogg said in a statement Wednesday. “We have done everything we can to find out exactly what happened that day so that we can get justice.”
Court records did not list a current attorney for Earls, who was not in custody as of early Wednesday afternoon. Earls’ previous lawyers had said their client was not a “monster” but a family man devastated by Arlene’s death. They said Earls was not reckless in his actions and was only protecting his family.
Earls and his wife were at an ATM to withdraw money on Feb. 14, 2022, when an unknown robber pulled a gun on them and fled after taking $20, along with a check and their car keys, prosecutors said.
Earls’ attorneys said that after their client got out of his car, the robber shot and Earls fired back in self-defense. Investigators say Earls shot at a truck because he thought the robbery suspect had climbed into it.
But the vehicle was carrying Arlene and her family as they went to the ATM to make a deposit before heading to a late dinner at a pizzeria. The girl was shot in the head and later died in a hospital.
Earls was arrested and charged with aggravated assault and serious bodily injury. But a grand jury in July 2022 declined to indict him on that charge or several others, including manslaughter and murder. The man who robbed Earls was never caught.
“They will never forget their daughter and how this was an avoidable circumstance. But yes, they are very happy with the charges,” said Richard Nava, attorney for Arlene’s family.
Ogg said she appointed a special prosecutor, Warren Diepraam, earlier this year to re-examine the case. Diepraam said an FBI firearms expert had been called in to examine evidence.
“The expert opinion is that Mr. Earls saw the robber run past the vehicle with Arlene Alvarez inside – the vehicle did nothing to give Mr. Earls a justification for shooting into the passing vehicle,” Diepraam said in a statement. “Mr. Earls had a clear line of sight, and it is clear that Mr. Alvarez did not stop and tell the robber, ‘Get in,’ or anything like that.”
If Earls is found guilty, he could be sentenced to life in prison.
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