Tony Earls found guilty of shooting and killing 9-year-old Arlene Alvarez in 2022

HOUSTON, Texas (KTRK) -- A jury returned a guilty verdict on Tuesday for Tony Earls, for his role in the shooting death of 9-year-old Arlene Alvarez in 2022.

Arlene was shot and killed on Feb. 14, 2022. Authorities said the 9-year-old was riding in her family's truck on the way to get pizza when she was hit 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.

ABC13 was at the 182nd court as attorneys, family members, and court observers made their way back.

At 2:30 p.m. Tuesday, the jury notified District Court Judge Danilo Lacayo that they had made their decision. They had the case for just about an hour and asked only one question, requesting to see a video presentation that the Harris County District Attorney's Office investigator created that married video and audio from several sources.

Earlier, attorneys made their closing arguments in front of a rapt jury and packed courtroom consisting of many members of Arlene's family, including her brother, who was in the car with her on Feb.14, 2022, the night she was shot in the head.

Video played in court showed Earls getting out of his car after he and his wife were robbed at an ATM. He then fired at the fleeing suspect. Earls' defense attorneys argued that he believed the robber was shooting back at him. However, the state maintains that Earls was the only person shooting that night and that it was reckless. One of his bullets hit the Alvarez family truck and struck Arlene. She died the next day.

Throughout the trial, the defense claimed the case was based on an incomplete police investigation.

"I've never heard the state give so much benefit of the doubt to an aggravated robber in this case, and the reason they are doing that is we know good and well the robber should be in this chair," Defense Attorney Ed McClees said as he pointed to where his client, Earls, was sitting. "He's (the robber) is the most responsible, but they got to have someone to give you someone,"

The prosecution closed its final arguments with the last picture taken of Arlene. It was from 14 hours before her death, Prosecutor John Jordan said. She is holding a Valentine's Day gift for her teacher and sitting in the same spot in her family's truck where she was shot.

"There is a right for a family to be able to drive down the block on Valentine's night. Have you thought about that? The day of love," Jordan said to the jury. "And they're driving to dinner. They have a right not to have that man fire into his car because he's pissed off. Make no mistake, that man was not fearful anymore. That man decided he was angry, and he was going to do something about it."

The punishment phase for Earls is set to start on Wednesday.

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