The sentencing phase concluded for Tony Earls Jr., the man guilty of manslaughter in the 2022 shooting death of 9-year-old Arlene Alvarez.
On Thursday, Earls was sentenced to 20 years in prison, the maximum penalty for the conviction.
The case, which has been closely followed across Houston, centered on whether Earls acted recklessly when he fired into a pickup truck he believed was connected to a robbery.
In court Wednesday, Earls took the stand where he described the events that night that led to the fatal shooting. The Alvarez family left the courtroom during that time, saying they did not want to hear him speak.
Videos show the robbery and Earls firing the shots he said he thought were at the robber but instead struck and killed Alvarez.
Earls said he could not remember the night of the robbery and shooting because it was “scary and chaotic.” He also asked for forgiveness from the Alvarez family.
“I can’t get past me not asking them to forgive me for my actions,” Earls said.
When asked how does he feel about taking the 9-year-old child’s life, he stated, “It kills me, I can’t sleep at night. I beat myself up.”
RECAP: Jury finds Tony Earls guilty of manslaughter in shooting death of 9-year-old Arlene Alvarez
What happened
Earls told police he had just been robbed at an ATM and thought the Alvarez family’s truck matched the getaway vehicle. The 9-year-old 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.
Arlene’s family was present in the courtroom Tuesday during the verdict and closing arguments, while Earls appeared to shed a few tears after the verdict was read.
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.