HOUSTON – The Alvarez family is processing unsettling news as they prepare for the upcoming transition in leadership at the Harris County District Attorney’s Office.
As the new District Attorney, Sean Teare, prepares to take office in January, the family of 9-year-old Arlene Alvarez is concerned that the man who shot and killed their daughter could once again walk free.
Arlene’s family is particularly worried that the special prosecutor assigned to the case could be replaced, undoing the progress made in the case over the past three years. They fear that such a move could jeopardize their hopes of finally seeing justice for Arlene’s death.
What happened
In February 2025, it will mark three years since Arlene Alvarez was tragically shot and killed while riding in the back of her family’s truck. The tragedy unfolded on Valentine’s Day in 2022 when Arlene was struck by a bullet fired by Tony Earls, who allegedly shot at a man he claimed had robbed him at a nearby ATM. Arlene, who was only 9 years old, was tragically killed during the exchange of gunfire.
Earls was initially charged with aggravated assault, but in July 2022, a Harris County grand jury decided not to indict him. However, following the presentation of new evidence by special prosecutor Warren Deipraam, Earls was later charged with murder.
The Alvarez family has called for capital murder charges due to Arlene’s age but now fears that a change in leadership at the DA’s office could unravel their hard-won progress.
The impact of changing leadership
The special prosecutor assigned to the case, Warren Deipraam, was appointed by the current District Attorney, Kim Ogg, after new evidence came to light that was not presented to the initial grand jury. With the transition to a new District Attorney in January, the Alvarez family is worried that Deipraam’s contract may not be renewed by Teare, leaving them with a new prosecutor who would need to start over and relearn the case.
The Alvarez family’s concerns were echoed in court, last Thursday.
“It wouldn’t surprise me if come January 1st, he’s not on the case,” one of their lawyers said. “And these lawyers will have to decide what they’re going to do.”
April Aguirre, Arlene’s aunt, expressed the emotional toll the uncertainty is taking on the family.
“Not only is it detrimental to our case because having somebody new come into it would mean they have to relearn the evidence and the facts of the case, but it’s also disrespectful to a 9-year-old child who is now in a grave,” Aguirre said. “She deserves justice, and she deserves to have the same prosecutor from start to finish.”
As the case moves into its third year, the Alvarez family continues to hold out hope for a resolution. They are determined to ensure that Arlene’s death does not go unpunished, and that her killer is held accountable.
Teare has made it clear that addressing the concerns of the Alvarez family is a priority for him. In response to the family’s fears, he stated that meeting with them and understanding their perspective would be a priority once he takes office.
The family is expected to meet with Teare soon, and they hope to gain clarity on whether the special prosecutor will remain on the case.
