Tony Earls Jr. trial: Testimony continues in case of Arlene Alvarez's death; Day 2
HOUSTON - The trial for Tony Earls Jr. continues in the shooting death of 9-year-old Arlene Alvarez in Houston in 2022. Earls is charged with manslaughter. Opening statements began Wednesday morning, followed by a day of testimony.
Day 2 of testimony recap
Tony Earls trial: 9-year-old's cause of death explained by medical examiner
A Harris County court has adjourned for Day 2 of the trial on Arlene Alvarez's 2022 death. FOX 26's Jillian Hartmann gives a recap of the second day.
The day began with testimony as Arlene’s father was cross-examined by the defense. Then, two crime scene investigators and a medical examiner took the stand.
The medical examiner testified Thursday, describing Arlene’s devastating injuries.
"During that time, Arlene was in the hospital with a breathing tube. She wasn’t able to breathe on her own," said Dr. Hannah Jarvis, Assistant Deputy Chief Medical Examiner. "The doctors were trying to resuscitate her and see if there was any chance of survival."
The following day, doctors determined Arlene was brain-dead. The medical examiner ruled her cause of death as a gunshot wound to the head and the manner of death as homicide.
Two crime scene investigators also testified, including one who reconstructed the scene. Jurors were shown photographs taken by investigators of bullet casings, the Alvarez family’s truck, and a possible bullet hole in the vehicle at the scene.
The trial will continue Friday morning.
Day 1 of testimony recap
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 police officer Christopher Stevens was the first to testify about what he saw when he responded to the scene that night. His bodycam 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 prosecution presented surveillance video from outside the bank that had not previously been released to the public.
The 911 call from Arlene's mother, Wendy, was also played in court.
Deadly 2022 shooting
Tony Earls Jr. trial: Man charged in death of 9-year-old Arlene Alvarez in Houston
Tony Earls Jr. is on trial for manslaughter in the shooting death of 9-year-old Arlene Alvarez in Houston in 2022. FOX 26 will livestream the trial.
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 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.
The Source: Information gathered from the court trial, court documents, the Houston Police Department, and previous FOX 26 reporting.