Inset: Arlene Alvarez (Compean Funeral Homes). Background: Tony Earls was found guilty of manslaughter in Arlene”s death in Texas (KTRK/YouTube).
A Texas man was convicted Tuesday in the death of a 9-year-old girl after he killed her while shooting at a man who robbed him outside of an ATM.
After deliberating for less than an hour, a jury found 35-year-old Tony Earls guilty of manslaughter in the death of Arlene Alvarez, according to the Harris County District Attorney’s Office. On Valentine’s Day in 2022, Earls was at a Chase Bank ATM when a robber confronted him and his wife for cash. Prosecutors explained that Earls fired shots at the fleeing robber and subsequently towards a passing truck.
Arlene was inside that truck with her family, heading out for pizza. She sat in the back seat, wearing headphones, and did not hear her father’s warnings to take cover. Tragically, she was hit in the head by a bullet and passed away the following day.
Earls called 911 after the shooting.
“A guy pulled up. He put the gun up to my wife’s face,” Earls recounted on a 911 call played in court, as reported by local ABC affiliate KTRK. “I had my gun in my waist. We remained calm and complied, but as he was leaving, he opened fire. So I drew my gun and fired back.”
But prosecutors reportedly presented video that showed Earls as the only shooter.
During closing arguments, prosecutors showed a picture of Arlene from hours before she was shot.
Prosecutor John Jordan emphasized the family’s right to safely drive on Valentine’s night, highlighting, “Have you considered that? The day of love. They’re simply going out for dinner. They are entitled to drive without having someone fire into their car out of anger. Make no mistake, the shooter was no longer acting out of fear but out of rage.”
Earls’ defense attorneys say the man who committed the robbery — and has yet to be arrested — was ultimately responsible for Arlene’s death.
“I’ve never heard the state give so much credibility to an aggravated robber,” Defense Attorney Ed McClees stated in court, gesturing towards his client and suggesting the robber should be in his place.
The sentencing phase of the trial began on Wednesday. He faces up to 20 years in prison.
Arlene was in fourth grade at De Zavala Elementary School, according to her obituary.
The obituary remembered Arlene fondly, noting, “She loved spending time with her family and helping her mom with her baby brother; she was like a little mommy to him. She enjoyed filming nail tutorials and hanging out with her cousins. Arlene was always the center of attention wherever she went. A true angel.”
