HOUSTON, Texas (KTRK) — The jury in the trial of the man convicted in the shooting death of 9-year-old Arlene Alvarez will hear closing arguments Thursday morning, following a day of emotional testimony Wednesday.
Tony Earls was convicted of manslaughter. It took jurors only an hour to deliberate, finding Earls guilty on Tuesday.
On Wednesday afternoon, Arlene’s mother, Wendy Alvarez, testified about how Arlene was “her best friend” and that her death has greatly affected her family.
“Oh, none of us are the same. My husband’s not the same. I’m not the same. Armando, Jr. is not the same, and we’ve had trauma. We don’t sleep well. I have had arguments with Armando because, after all of this, we feel guilty. We feel guilty for going out to dinner, and we feel guilty for trying to pay our bills,” Wendy Alvarez told the jury. “So now it was a slap in the face. All of this happened for $20 when I had more money in my bank account, and I could have saved my daughter.”
PREVIOUS REPORT: Tony Earls found guilty of shooting and killing 9-year-old Arlene Alvarez in 2022
It was on Valentine’s Day of 2022 that investigators said Earls and his wife were robbed at gunpoint at an ATM in the Gulfgate area.
Police said Earls opened fire on the fleeing robber but hit a passing truck instead. Arlene, who was a passenger in that vehicle, suffered a fatal gunshot to the head.
Prosecutors said Earls was reckless in choosing to fire shots following the robbery.
“Forgive me for my mistakes that I made that night. I want to ask them if they could find it deep in their hearts to forgive me for my actions,” Earls testified as he looked out into the gallery. However, the Alvarez family heard none of it. They got up and left in protest, when he took the stand.
Prosecutor John Jordan pressed Earls about his actions and asked whether he thought they were reckless. It was a question that Earls did not answer.
Earlier, the jury was shown videos of Earls in a physical fight with his stepson and Earls pulling a gun on his stepson. The incidents happened two days in a row in March 2023, 13 months after Arlene’s death, but before he was charged in her case.
“Do you feel like your behavior carrying a gun has not changed. Do you agree with that?” Jordan asked. Earls did not give a clear answer.
During the guilt/innocence part of the trial, the defense argued Earls feared for his life at the time of the shooting, but the jury wasn’t convinced.
Also Wednesday, Earls father, Tony Earls Sr., testified on his son’s behalf. He offered his condolences to the Alvarez family and said that his son “is not a monster.”
The manslaughter charge carries a punishment of up to 20 years in prison.
Court resumes on Thursday morning.
PREVIOUS COVERAGE:
Testimony complete in trial of man accused of shooting and killing 9-year-old Arlene Alvarez
Jury hears 911 call made by man on trial for death of 9-year-old Arlene Alvarez
Father of 9-year-old Arlene Alvarez who was killed in 2022 testifies on first day of trial
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