Tony Earls Jr. was indicted on a murder charge in connection with the killing of 9-year-old Arlene Alvarez in February 2022, nearly two years after a previous grand jury declined to indict him. Earls was originally released after the first grand jury did not indict him for aggravated assault in July 2022, but the case was revisited after District Attorney Kim Ogg assigned a special prosecutor to re-examine it. The incident occurred when Earls, who had been robbed at gunpoint, began firing at the suspect and inadvertently shot Arlene, who was in a passing vehicle with her family.
Arlene Alvarez, a fourth grader who was described as caring and getting along with everyone, was fatally struck by a bullet fired by Earls as he pursued the robber who had attacked him. According to reports, Earls claimed he thought he was being shot at when he began firing, and was unaware that he had hit someone. He left the scene to call the police and report the robbery. Despite his arrest and charges, the original grand jury declined to indict him, leading to a call for a new grand jury to consider the case.
After the appointment of special prosecutor Warren Diepraam, an FBI firearms expert was brought in to examine the evidence in the case. The expert determined that Earls had no justification to fire into the passing vehicle with Arlene inside, as the vehicle did nothing to provoke his actions. Diepraam stated that Houston police are still working to identify and arrest the armed person who had robbed Earls, leading to the chain of events that resulted in Arlene’s tragic death. If convicted, Earls faces a potential prison sentence of five years to life.
District Attorney Kim Ogg expressed the importance of seeking justice in the case and ensuring that all evidence is thoroughly reviewed. She stated that the decision to bring the case before a new grand jury was made to ensure that justice is served for Arlene Alvarez and her family. Earls had previously claimed self-defense in his actions, believing he was in danger from the fleeing robber. However, the new evidence and expert analysis have contradicted his account of the events leading to the shooting.
The tragic death of Arlene Alvarez has led to renewed scrutiny of the case and a re-examination of the events that unfolded on that fateful day in February 2022. Her parents, who were on their way to a Valentine’s Day dinner when she was shot, have expressed their grief and loss over the senseless incident. Despite the challenges in the legal process, prosecutors are committed to seeking justice for Arlene and her family. The case serves as a reminder of the impact of gun violence and the importance of holding individuals accountable for their actions.
