Man killed girl while shooting at armed robbery suspect
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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.

The jury found 35-year-old Tony Earls guilty of manslaughter in the death of Arlene Alvarez in Houston after deliberating for less than an hour, the Harris County District Attorney’s Office said. On Valentine’s Day in 2022, Earls was at a Chase Bank ATM when an armed man robbed him and his wife of cash. Prosecutors said Earls shot at the fleeing robber and then toward a passing truck.

Arlene was in that truck with her family as they were on their way to get some pizza. Arlene was sitting in the backseat wearing headphones, and apparently did not hear her father’s pleas to get down. The girl was struck in the head. She died the next day.

Earls called 911 after the shooting.

“A guy pulled up. He put the gun up to my wife’s face,” Earls told the dispatcher, according to a courtroom report from local ABC affiliate KTRK. “I had my gun in my waist. We played it cool, we gave him everything he needed, and when he got ready to leave, he started shooting. So I draw my gun and I shot 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.

“There is a right for a family to be able to drive down the block on Valentine’s night. Have you thought about that? The day of love,” Prosecutor John Jordan reportedly said. “And they’re driving to dinner. They have a right not to have that man fire into his car because he’s pissed off. Make no mistake, that man was not fearful anymore. That man decided he was angry, and he was going to do something about it.”

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 benefit of the doubt to an aggravated robber in this case, and the reason they are doing that is we know good and well the robber should be in this chair,” Defense Attorney Ed McClees reportedly said while pointing at his client.

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.

“Arlene enjoyed spending time with her family and loved to help her mom with her baby brother; she was such a great mommy taking care of him,” the obituary said. “She enjoyed creating nail tutorial videos and spending time with her cousins. Arlene was the center of attention any where she went. A true angel.”

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