Arlene Alvarez shooting death: Trial date set for alleged killer Tony Earls Jr.
HOUSTON - A trial date has been set for the man accused of murdering 9-year-old Arlene Alavarez.
The trial is set to begin June 16, 2025, for Tony Earls Jr. who shot and killed the 9-year-old on Valentine's Day in 2022.
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"We feel he's overcharged with the offense of murder," says Earls' Attorney Anthony Osso.
The defense attorney says he hopes to negotiate a plea for the shooting death.
Earls and his wife, who was in court for her husband's latest hearing, had been robbed at a Gulfgate area ATM when Earls opened fire on the robber. However, his bullets hit a family's pick-up truck that didn't have anything to do with the robbery. Little Arlene, who was in the vehicle with loved ones, including her parents, was shot and killed.
"He shot and re-aimed and shot and re-aimed and would not stop shooting into our vehicle. It's a horrible case of mistaken identity," says Arlene's Aunt April Aguirre.
"This started out with our client being the victim. He didn't wake up that morning and go out thinking I'm going to go out and try to kill somebody today," Osso added.
"The lawyers disrespected us by saying Earls didn't plan on killing my daughter. We didn't plan on losing my daughter to an irresponsible, reckless person," explains Arlene's Mom, Wendy Alvarez.
"We didn't know we would lose her that day. We didn't know that would be her last day of school. He deserves to be in prison," adds Arlene's aunt.
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Earls is also charged with aggravated assault for, according to court records, pulling a gun on his stepson in 2023.
"Earls continues to have that same behavior. So, I don't feel sorry for him. I don't feel sympathy for him," says Arlene's mom.
The family shared home video with us where the mother in mourning could be heard saying, "I can't believe I'm doing this. She loved doing nails. My baby girl." The video shows Arlene's tiny hand being painted pink to press onto a blank piece of paper for a keepsake before she was removed from life support.
"It's unforgivable to kill a child. It's unforgivable. The only justice we can have is that he doesn't continue living the same life that he did because Arlene has no life," says Aguirre.
The contract is ending for Warren Diepraam, who was appointed Special Prosecutor in this case, and the question came up in court if District Attorney Elect Sean Teare plans to renew it. The Alvarez family wants Diepraam to remain as prosecutor.
"To take away our prosecutor at this moment and time when Arlene's anniversary is in February, and it will be three years since her death, it's detrimental to our case. So, I'm imploring Sean Teare to renew our prosecutor's contract, so we can go forward on this murder trial," says Aguirre.
Teare, who's out of town for a professional conference, provided FOX 26 with the following statement, "I can't imagine the pain the Alvarez family feels every time they relive the details of Arlene's case in court. Rest assured, we will prosecute this case. I will be meeting with the Alvarez family. Answering their questions and hearing their concerns is a priority."