HOUSTON — The attorney for the man cleared by a grand jury for the shooting death of 9-year-old Arlene Alvarez is defending his client again after the Alvarez family claimed court documents showed he had a mental illness.
During a press conference Wednesday, the Alvarez family said evidence of Tony Earls having a mental illness was withheld from the grand jury and if that was known, they believe the outcome would have been different.
But their claims are based on documents filed months ago, causing a flurry of new questions in the already complex case.
“We're not gonna stop showing up," said Arlene's aunt, April Aguirre. "Everybody is gonna know Arlene Alvarez's name."
A day after a Harris County grand jury chose not to indict, Aguirre, alongside the family's attorney pointed out a court document that said within the last year, Earl had an interview and "has been determined to have a mental illness or be a person with intellectual disability."
Arlene Alvarez was shot outside a Gulfgate ATM on Valentine's Day.
Earls was originally arrested after telling police he thought he was firing at a robber who had just come after him.
The court document was filed days after that arrest.
"I think that the case could have been presented a little different," said Rick Ramos, the Alvarez family attorney said.
The Harris County District Attorney's Office said in a statement:
“Our hearts go out to the family of Arlene Alvarez as they endure unimaginable pain and seek justice in her incredibly unfair death, said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “Texas law prevents us from disclosing grand jury proceedings, but all relevant evidence was presented. While the grand jurors’ decision may be difficult to accept, we respect it.”
“Houston Police investigators worked for months with prosecutors as they turned over every stone ensured a thorough and complete investigation,” Schiller said. “Our attention is now laser-focused on capturing the criminal responsible for Arlene’s death. Someone out there knows who he is and where he is.”
“It’s unfortunate for Mr. Earls that he is the guinea pig for justice in this case," said Earl's attorney, Brennen Dunn. "Mr. Earls, regardless of what his mental health history or lack thereof might be, the actions that day had no bearing on his mental health history."
RELATED: Arlene Alvarez update: New surveillance video shows armed robbery that led to deadly shooting
The document, Dunn said, is simply procedural, during intake by the jail and has no significance to the case.
Dunn hopes the attention will turn to surveillance video, showing the original robbery suspect still on the run. Police said the robbery suspect is responsible for setting off the chain of events leading to the death of Arlene.
“The goal should be, and the only goal should have been, is to find the robber who started this and bring him to justice," Dunn said.
The reward for information leading to the arrest of the robbery suspect is $30,000 at Crime Stoppers. Call (713) 222-TIPS if you can help.