HOUSTON — Tony Earls, the man who shot and killed 9-year-old Arlene Alvarez in 2022, appeared in court on Monday.
After the appearance, his defense attorneys, the special prosecutor assigned to the case and Arlene's family members spoke to the media.
The defense wants the special prosecutor who was assigned to the case, Warren Diapraam, to be removed.
RELATED: 'We are hopeful' | Special prosecutor reexamining Arlene Alvarez case based on new information
While the defense wants the change, Diapraam said it's because they don't want the case to go to trial. He said they don't believe the shooting was justified and they want the citizens of Harris County to decide the outcome of the case.
"The defense would prefer to have the other prosecutors on the case because the case went away," Diapraam said.
There will be a hearing on Wednesday to determine if he will be removed or continue prosecuting the case.
Diapraam said his ultimate goal is getting justice for the Alvarez family.
"We want this case tried and we want it tried soon so the family in this case can get justice," he said.
Arlene was shot and killed on Valentine's Day 2022 while riding to dinner with her family as Earls was shooting at a man who had just robbed him at a nearby ATM.
RELATED: Man charged with murder in Arlene Alvarez's death makes first court appearance since new charge
Investigators said Earls was at the Chase Bank at the intersection of Winkler and Woodridge in Gulfgate when he was robbed at gunpoint at about 9:30 p.m. As the robber ran away, Earls pulled a handgun and opened fire.
At the same time, the Alvarez family was driving past the bank where Earls was robbed, according to investigators. Earls reportedly fired several shots into the truck, hitting and killing Arlene.
Earls was initially charged with aggravated assault, but a Harris County grand jury declined to indict him in July 2022 and he was released.
In April, Earls was charged with murder in Arlene's death. Arlene's family said they hired their own team to help uncover new evidence that led to the new charge. He was arrested on May 1 and a judge set his bond at $100,000, although in early June, it was lowered to $75,000.
At the time of his arrest, he was also facing a family violence charge that had a $40,000 bond attached to it. In that case, Earls is accused of pointing a gun at his stepson at a convenience store. Bond in this case has since been lowered to $15,000.
If convicted of murder, Earls faces anywhere from five years to life in prison. He remained in custody on Monday.