HOUSTON — A special prosecutor is reexamining Arlene Alvarez's case after they said new information has been brought to light.
Arlene Alvarez was the 9-year-old girl who was shot and killed on Feb. 14, 2022, as she and her family were headed to Spanky's Pizza to celebrate Valentine's Day.
Just moments before Arlene was shot and killed, Tony Earls and his wife were robbed at a drive-thru ATM near the intersection of Winkler and Woodridge Drive. They said the robber took their keys, wallets and cash before running off.
Earls got out of the car and fired shots at what he thought was the robber's vehicle, but he was wrong. He actually fired shots at the Alvarez family vehicle and a bullet struck Arlene, who was sitting in the backseat.
In July 2022, a Harris County grand jury declined to indict Earls, but now, a special prosecutor is looking into the case based on new information. It's something legal experts said can happen.
"There is nothing that prevents them from returning to a case if they get new evidence," said Sandra Guerra Thompson, a criminal law professor at the University of Houston Law Center.
Arlene's family hopes this may lead to new charges.
"We are hopeful," said April Aguirre, Arlene's aunt. "You got to stay hopeful. We have faith that God will prevail."
Arlene's family said their biggest concern is that Earls is free.
According to court records, he pointed a gun at his stepson's face at a convenience store in 2023. He's now facing an arrest warrant in that case.
KHOU 11 tried to reach Earls through his previous attornies, but they no longer represent him.
The robber who caused the chain of events has still not been caught.
On Wednesday, Feb. 14, family and friends will have a Mass to commemorate Arlene at Immaculate Heart of Mary. The Mass will start at noon. Afterward, there will be a dove release at Forest Park Lawndale Funeral Home.