Tony Earls Jr. trial: Man charged in death of 9-year-old Arlene Alvarez in Houston

Tony Earls trial: Father testifies on trial for his daughter's 2022 death

A manslaughter trial has begun for a man who allegedly shot and killed 9-year-old Arlene Alvarez on accident in 2022. FOX 26's Jillian Hartmann was present during the first day of the trial.

HOUSTON - Tony Earls Jr. is on trial for manslaughter in the shooting death of 9-year-old Arlene Alvarez in Houston in 2022.

Opening statements began Wednesday morning, followed by a day of testimony. 

FOX 26 will livestream the trial in the live player above, on Youtube and on the FREE FOX LOCAL app for your smart TV and phone.

Day 1 of testimony

FULL: Opening statements in Tony Earls Jr. trial for Arlene Alvarez's death

The prosecution and the defense present opening statements in the trial of Tony Earls Jr. Earls is charged with manslaughter in the death of 9-year-old Alrene Alvarez.

The prosecution presented surveillance video from outside of the bank that had not previously been released to the public. 

Tony Earls Jr. trial: Prosecutors present surveillance video in Arlene Alvarez's death

Prosecutors presented surveillance video that had not been previously released to the public during the trial of Tony Earls Jr. for the death of Arlene Alvarez in Houston.

Houston police officer Christopher Stevens was the first to testify about what he saw when he responded to the scene that night. His body cam video was played in court. 

Arlene Alvarez's father, Armando, was called to testify in the afternoon. He recounted going out to dinner with his family and then the events leading up to and after the shooting.

The 911 call from Arlene's mother, Wendy was also played in court.

Houston: Day 1 recap of Tony Earls Jr. trial

Tony Earls Jr. is on trial for manslaughter in the shooting death of 9-year-old Arlene Alvarez in Houston in 2022. FOX 26's Tan Redford joined "Live & Local" with the recap on the first day of the trial.

Deadly 2022 shooting

The backstory:

Arlene Alvarez, 9, was fatally shot in her family’s pickup truck on the night of Feb. 14, 2022.

Police say the man who shot the girl, Earls, fired at the innocent family’s vehicle incorrectly believing it belonged to a suspect who had just robbed him at an ATM.

According to police, Earls and his wife were in their vehicle at an ATM in the 2900 block of Woodridge when a still-unidentified man suddenly appeared with a gun and demanded money.

Authorities say the woman gave the suspect her wallet and cash before the suspect ran away, jumped over a fence at a business in the 200 block of Winkler and possibly ran toward a nearby apartment complex. Police are still searching for him to this day.

After the robbery, police say Earls shot at a vehicle he thought the suspect was in. A family of five, who were not involved in the robbery, were in the pickup truck. Arlene was in the backseat and was shot. She died from her injuries.

Legal back-and-forth

Dig deeper:

The trial follows years of legal back-and-forth.

Initially, a few months after the shooting, a grand jury decided not to indict Earls for the shooting.

Two years later, new evidence uncovered by an FBI firearms expert compelled prosecutors to re-present the case to a grand jury in 2024. At that time, he was indicted on a murder charge.

However, in July of this year, a grand jury indicted Earls on a manslaughter charge, and the murder charge was subsequently dropped.