Tony Earls Jr. sentenced to 20 years in death of 9-year-old Arlene Alvarez

HOUSTON - A jury has sentenced Tony Earls Jr. to 20 years with no fine after he was found guilty of manslaughter in the death of 9-year-old Arlene Alvarez. The punishment phase of the trial began on Wednesday with Earls and Arlene Alvarez's mother, Wendy, taking the stand to speak.

In 2022, Arlene Alvarez was shot by Earls on Valentine's Day while in her family's vehicle. Earls believed he was shooting at a man who had just robbed him.

Jury deliberations in the trial following closing arguments on Tuesday and reached a verdict an hour later.

FOX 26 will be in the courtroom as the sentencing phase continues.

Tony Earls Jr. sentenced to 20 years

Earls will serve 20 years in the Texas Department of Criminal Justice.

Wendy Alvarez gave a victim impact statement after the sentence was read. "Tony Earls, I saw that you wanted to apologize to us. But what you did that night was wrong, and you need to pay for your consequences. Twenty years is not enough," she said. "The day you made a decision, Your actions, I'm paying for your consequences."

During her statement, Wendy held up Arlene's charm bracelet she has not polished since she died. "She really was my sunshine. She really was my princess. She really was my little angel."

Punishment phase for Tony Earls Jr.

Arlene's mother, Wendy Alvarez, took the stand, saying, "I wanted her to grow older and come to me for anything. That’s the bond that I created with her. She was my best friend. We learned that leaving everything for tomorrow you just never know. There’s not going to be a tomorrow."

Tony Earls Jr. also took the stand Wednesday, saying, "For three and a half years, I never had the chance to ask them for forgiveness. I pray and ask God for forgiveness all the time and I can’t get past me not asking them to forgive me for my mistakes that night. For the decision I made. I just want to ask them if they can find it deep in their heart to forgive me for my actions."

What happened during the trial?

Opening arguments in the trial began last Wednesday. For four days, the jury heard testimony and reviewed evidence including Arlene’s father’s account of the shooting, analysis from investigators and experts, the 911 call from Arlene’s mother, surveillance video, and body camera footage from a responding officer.

The defense and prosecution rested on Monday, and the jury heard closing arguments on Tuesday. The prosecution argued that Earls was being reckless and was the only person shooting that night. Prosecutors also said Earls' actions were not self-defense or justified. The jurors had to decide if Earls recklessly shot, killing Arlene. 

The defense argued that Earls believed the robber was shooting back at him and believed the robber was getting into the family’s vehicle. The defense said Earls reacted in a terrifying and chaotic situation when he was robbed at gunpoint. The jury began deliberating around 1:30 p.m. Around 2:30 p.m., the jury reached a verdict.

Deadly 2022 shooting

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 a suspect who had just robbed him had gotten into it.

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 the suspect who was running away and then shot at a vehicle he thought the suspect had gotten into. A family, 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.