HOUSTON — There was a surprising development in the Arlene Alvarez murder case on Wednesday.
We were expecting to hear a motion from Tony Earls' defense attorneys to dismiss the special prosecutor assigned to the case, instead, the judge announced that she was voluntarily recusing herself. The prosecutors and defense both told KHOU they were surprised at the judge’s decision.
Judge Colleen Gaido didn’t explain the move but said she didn’t take the decision lightly. It's once again left the Alvarez family incredibly frustrated.
“I’m very mad. I’m very mad about how they’re taking the case, my daughter’s case, we just want her to receive justice. The way they are bouncing around this case is so absurd,” Wendy Alvarez, Arlene’s mom, said. “It’s not fair. My daughter does not deserve this ... no little girl deserves to be treated the way she is."
Defense attorneys for Tony Earls -- the man charged with murder in connection with Alvarez's shooting death on Valentine’s Day in 2022 -- had filed a motion to dismiss special prosecutor Warren Diepraam.
Before it was discussed, Gaido voluntarily recused herself.
The judge only said the decision saddened her and earlier said she didn't maintain a personal bias towards the defense or the state.
“I cannot answer what the judge’s reasons were. She didn’t tell us, but the statute has a shotgun approach and lists multiple factors when a judge should or is required to step down in the case,” special prosecutor Warren Diepraam said.
Defense attorney Anthony Osso said they are discussing what to do with the motion to dismiss the special prosecutor now that the case is unassigned.
“We have no doubt she could be fair and impartial to both sides but she certainly has concerns under 18b code of civil statute, but it caught us off-guard,” Osso said.
It’s unclear when a new judge could be appointed but the special prosecutor said he would continue to push for justice for Arlene and her family.