Man indicted for murder in shooting of 9-year-old going to dinner with family on Valentine's Day
HARRIS COUNTY, Texas (KTRK) -- More than two years after a 9-year-old girl was killed while she rode in a car with her family, officials are announcing new developments in the case.
On Wednesday, the Harris County District Attorney's Office announced that a grand jury had formally charged 33-year-old Tony D. Earls Jr. in the shooting death of Arlene Alvarez in the Gulfgate area in 2022. Authorities added Earls was currently not in custody, and they are trying to find him.
The tragic shooting unfolded just as Arlene and her family were on their way to get pizza on Valentine's Day.
According to police, Earls was at the Chase Bank at the intersection of Winkler and Woodridge when he was robbed at gunpoint at about 9:30 p.m.
Earls fired at the robber, who was running away from him, police said.
At the same time, Arlene's family was driving past the bank in their pickup truck, and Earls fired several shots into the vehicle, killing the girl, authorities said.
Earls was arrested and charged with aggravated assault, but a Harris County grand jury declined to indict him in July 2022, so he was released.
Two months ago, the Harris County District Attorney's Office assigned a special prosecutor to re-examine the case.
The district attorney's office said he's being indicted now, arguing he allegedly saw the robber run past the Alvarez family's truck and that Earls had a clear line of sight.
"The expert's opinion is that Mr. Earls saw the robber run past the vehicle with Arlene Alvarez inside - the vehicle did not do anything to give Mr. Earls a justification to shoot into the passing vehicle," special prosecutor Warren Diepraam said. "Mr. Earls had a clear line of sight, and obviously Mr. Alvarez did not stop and say to the robber, 'Get in' or anything like that."
Investigators are still working to identify and arrest the robber, Diepraam added.
If convicted of murder, Earls faces the full range of punishment, from five years in prison to life.
Anyone with information on Earls' whereabouts is urged to contact the HPD Homicide Division at 713-308-3600 or speak anonymously to Crime Stoppers at 713-222-TIPS.
SEE ALSO: New video shows robbery moments before deadly shooting of 9-year-old girl in SE Houston
