HOUSTON — A man accused of shooting and killing a 9-year-old girl while she was on her way to dinner with her family more than two years ago was in court Monday where his attorney tried to get his bond reduced.
Tony Earls is charged with murder in the death of Arlene Alvarez.
The little girl was with her family on their way to a Valentine’s Day dinner in 2022 when Earls shot and killed her. He said he'd just been robbed at a Gulfgate-area ATM and was trying to shoot the robber as he ran away. At the same time, The Alvarez family's truck was passing by and Arlene was struck by a bullet.
In court on Monday, Earls’ defense attorney asked for his $100,000 bond to be reduced but the judge denied her request.
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Earls initially faced an aggravated assault charge in 2022, but a Harris County grand jury declined to indict him.
The family hired their own private investigator to look at the case.
"We're never going to stop until he is locked up," Arlene's aunt, Abigail Alvarez said.
A special prosecutor was also assigned to the case who enlisted an FBI firearms expert to look at physical evidence and surveillance videos and take measurements at the scene of the shooting. The expert said Earls had to know the robber wasn't in the passing truck and that led to the murder charge.
Earl's attorney questioned whether any resources are being devoted to finding the man who robbed her client that night and triggered the tragic chain of events.
"It’s a tragedy, absolutely, defense attorney Ana Paula Funes-Baker told us. "There is a dead little girl. Our heart breaks for the little girl. This is not murder. This is not murder."
“She was 9 years old. She had all the life to live,” Arlene's aunt told us. “Earls’ life, it’s pretty wasted. He doesn’t have a job. All he is doing is going around threatening people, even his family.”
Earls is also facing another charge for allegedly pointing a gun at his stepson at a convenience store. He is facing a $40,000 bond for that charge.
The special prosecutor assigned to this case said he hopes to have this case on trial by the end of the year.
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