HOUSTON — The man charged with murder in connection with the death of 9-year-old Arlene Alvarez was arrested Wednesday.
Tony Earls, 33, is being held at the Harris County Jail. His bond for the murder charge was set at $100,000. He's also facing a family violence charge that has a $40,000 bond attached to it.
Arlene was shot and killed on Valentine's Day in 2022 as Earls fired shots at a man who had just robbed him.
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Investigators said Earls was at the Chase Bank at the intersection of Winkler and Woodridge in Gulfgate when he was robbed at gunpoint about 9:30 p.m. that night. 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.
The Alvarez family hired their own team to help uncover new evidence that led to the murder charge.
Earlier this year, Harris County District Attorney Kim Ogg also assigned special prosecutor Warren Diepraam to re-examine the case which led to the new murder charge.
Diepraam said an FBI firearms expert was brought in to examine the physical evidence, take measurements at the scene, and look at surveillance videos that had been collected. He determined that Earls had to know the Alvarez vehicle had nothing to do with his robbery.
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Diepraam also credited the Houston Police Department with continuing to investigate the case and gather evidence even after Earls was no-billed.
Diepraam noted that HPD investigators have continued to work to identify and arrest the man who robbed Earls.
If convicted of murder, Earls faces the full range of punishment, from five years in prison to life, the DA’s Office said. He's due back in court on Friday.