Tony Earls Jr. trial: Punishment phase of trial to continue on Thursday

Tony Earls Jr. was found guilty of manslaughter on Tuesday in the deadly shooting of 9-year-old Arlene Alvarez in Houston in 2022.

Earls was accused of shooting at the girl’s family’s vehicle, incorrectly believing a man who had just robbed him had gotten into it.

The jury began deliberating following closing arguments on Tuesday and reached a verdict an hour later.

Sentencing for Tony Earls Jr.

The sentencing phase of the trial began on Wednesday and will continue into Thursday.

Arlene's mother, Wendy Alvarez, took the stand on Wednesday, 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 in 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?

Timeline:

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.

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Tony Earls Jr. trial verdict: Guilty of manslaughter in death of Arlene Alvarez

Tony Earls Jr. has been found guilty of manslaughter in the deadly shooting of 9-year-old Arlene Alvarez in Houston in 2022.

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.

What's next:

The sentencing phase of the trial will continue on Thursday morning. FOX 26 will be in the courtroom as the sentencing phase continues. You can watch the testimony live on FOX Local. 

The Source: The information in this article comes from the Houston Police Department, court documents and previous FOX 26 reporting.

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