On Friday, an investigator with the Harris County District Attorney's Office was back on the stand testifying.
On cross-examination, the defense attorney asked Owen Bledsoe to read the testimony that Arlene's father, Armando Alvarez, gave to a grand jury, stating that Earls and the robbery suspect were shooting at each other.
"As I slow down, you know, I heard the first gunshots they were shooting at each other," Bledsoe read from the testimony.
"Did I miss something?" defense attorney Ed McClees asked. "Does it say they're shooting at each other?"
"He just says he heard it. He didn't see it visually with his eyes," Bledsoe came back. To which McClees said, "I don't want to play these games."
Earls is charged with manslaughter for the shooting death of Alvarez, a 4th grader. She was riding in her father's truck with her family to dinner at about the same time that Earls and his wife were being robbed at an ATM on Woodridge in the Gulfgate area of Houston, as seen on multiple surveillance videos. A bullet pierced the side of the Alvarez truck and struck Arlene in the head.
Much of Friday focused on whether Earls was the only one shooting. The state says he was reckless and it led to Arlene's death. His attorneys argue the robber was firing at him and Earls was defending himself.
The defense pointed to video that shows the robber, who has never been arrested, extending his arm back in Earls' direction as he's running, saying it's consistent with a shooting motion.
"That is consistent with someone shooting a gun. Right?" McClees asked Bledsoe.
"That's consistent with someone extending their arm," Bledsoe responded.
"Do you think the robber is just saying, 'hi'?" McClees said with sarcasm.
In response, the state presented new video that also included audio of the gunshots.
"I counted 10. I think I heard 10," Bledsoe testified. Prosecutors also had the investigator point out all the muzzle flashes that came from Earls' gun contrasting it with none near the robbery suspect. The defense argued there are types of ammunition that produce a smaller muzzle flash that might not show up on camera.
Later Friday, the jury saw more new video evidence that married sound and video from several different sources, designed to show the jury step-by-step what happened. It did not come without defense protest. They wanted more time to examine it and questioned whether it could have been manipulated. D-A investigator Zachary Caldwell testified that he created it three weeks ago.
"As you'll see, in the demonstrative, the first flash lines up and the laft flash lines up and there is no manipulation in between," he explained.
Earl's gun was entered into evidence and sat on a table in front of the jury as a crime scene investigator and firearms expert testified.
The defense suggests the case involves an incomplete police investigation. The jury was shown photographs from the Alvarez family truck. In one, a bloody piece of clothing was left behind, and the investigator said it was never collected and tested.
The jury consists of 10 men and four women. Two are alternates. The trial is expected to last until the end of next week.
Manslaughter carries a punishment of two to 20 years in prison.
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