TEXAS – Tony Earls Jr. has been found guilty of manslaughter in the 2022 shooting death of 9-year-old Arlene Alvarez.
A jury found Earls guilty Tuesday after hours of deliberations.
Arlene’s family was present in the courtroom during the verdict and closing arguments, while Earls appeared to shed a few tears after the verdict was read.
The case centered on whether Earls acted recklessly when he fired into a pickup truck he believed was connected to a robbery. Earls told police he had just been robbed at an ATM and thought the Alvarez family’s truck matched the getaway vehicle. Arlene was riding in the truck with her family when she was shot and killed.
The defense argued that Earls made a “mistake of fact” and that he genuinely believed the truck contained the robbery suspect. They claimed his actions were a traumatic response, not criminal recklessness. To support this, the defense called a psychologist and a crime scene reconstruction expert after the state rested its case on Monday.
Prosecutors argued that the suspect had already fled the scene by the time Earls began shooting. They maintain that no matter what Earls believed, firing into a moving vehicle in a public setting was a reckless and dangerous act.
Jurors saw surveillance video, photographs, and other evidence during the trial. They also heard testimony from investigators, analysts, and expert witnesses from both sides.
The trial will now proceed to the punishment phase, with the jury to decide how long Earls will spend in prison.
A manslaughter charge typically carries a punishment range of two to 20 years in prison, but a jury can consider probation as a potential punishment in Earls’ case because he has no felony convictions.
The trial, which started on Wednesday, Sept. 17, included testimony from Arlene’s father about his actions immediately after the shooting.
A long road to justice
For Arlene’s family, this decision was years in the making. Nearly two years ago, a grand jury declined to indict Earls. The case seemed to stall — until a change in the Harris County District Attorney’s office gave the family renewed hope, and a special prosecutor presented new evidence.
Sean Teare, the newly elected D.A., made a promise to the Alvarez family. And according to Andy Kahan of Crime Stoppers, he kept it.
“It’s because of their fight — Armando, Wendy, April, their entire family — they were able to get to this day and get the verdict that truly merited what we felt was the righteous verdict,” said Kahan, who has acted as a victim advocate throughout the case.
Concerns about the case being dropped
Earlier in the year, Arlene’s family expressed concern when the previous prosecutor was replaced. They feared a new administration wouldn’t know enough about the case. But Kahan says those fears were quickly alleviated.
“A different administration comes on board, so of course there are concerns,” Kahan said. “I was in meetings, and the concerns were quickly alleviated.”
What’s next
Earls showed little emotion as the verdict was read, while Arlene’s family left the courtroom visibly emotional. They prayed minutes before the verdict was read. They are not expected to speak publicly until after the punishment phase, which begins Wednesday morning.
Notably, the jury was not informed that Earls is also facing an unrelated aggravated assault charge for allegedly pulling a gun on his stepson.