Father of 9-year-old Arlene Alvarez who was killed in 2022 testifies on first day of trial
HOUSTON, Texas (KTRK) -- The trial of Tony Earls, the man accused in the shooting death of a 9-year-old girl on Valentine's Day 2022, began Monday with emotional testimony and graphic evidence.
On Feb. 14, 2022, Arlene was riding in her family's truck on the way to get pizza when she was struck by a bullet during a chaotic scene near an ATM on Woodridge in the Gulfgate area. The shooting occurred after Earls and his wife were robbed at gunpoint while attempting to withdraw cash. Prosecutors allege Earls fired at the fleeing suspect and then directed his gunfire toward the Alvarez family's passing vehicle.
Prosecutor John Jordan told jurors this was not a case of a stray bullet, but a reckless and deliberate decision.
"This is not a matter of the defendant shooting at the robber and missing and an errant bullet hitting the truck, not at all," Jordan said. "This is a case in which the defendant, as soon as he loses sight of the robber running away, he immediately directs his attention to the next vehicle coming down the street, which is the Alvarez's and he immediately, in John Wick fashion, starts firing at it ---one, two, three, four, five, six shots," Jordan counted.
Earls, 35, wiped away tears during portions of the day's proceedings that included a harrowing 911 call that was made by Arlene's mother, Wendy Alvarez, in the aftermath of the shooting. Arlene's father, who was driving the vehicle that night, took the stand to recall the final moments of his daughter's life.
"I thought she had ducked down, but she didn't. She had a bullet in her head," Armando Alvarez recalled. "I carried her like a baby."
Defense attorney Anthony Osso argued that Earls feared for his life and believed the gunman was firing at him. He said his client quickly reported the incident to police and admitted to the shooting.
"The evidence is going to show he is the scapegoat. This is a tragedy. There is no question about that," Osso told the jury. "He didn't get up that morning with his wife. He didn't plan to shoot someone. That evening, they were going to dinner."
The defense disputed the prosecution's version of events, particularly the claim that Earls shifted his fire to the Alvarez vehicle without justification.
"All that talk about boom, boom, boom. It didn't go down like that," Osso added.
Initially, a Harris County grand jury declined to indict Earls. However, a special prosecutor later presented new evidence to a second grand jury, which returned a murder indictment in 2024. That murder charge was dismissed this summer, and the Harris County DA's office filed a manslaughter charge, which carries a punishment of 2-20 years in prison upon conviction.
READ MORE: Man indicted for murder in shooting of 9-year-old going to dinner with family on Valentine's Day
The 9-year-old's family has been relentless in their demands for justice.
"Arlene will forever be frozen in time as a fourth grader. She will forever be 9," Arlene's aunt, April Aguirre, said in 2022.
Arlene's father also testified that he and his wife have added a girl to their family, who is now 2 and named Arlette, after Arlene.
The original robbery suspects have never been found.
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