HOUSTON (AP) — A man accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022 has been indicted on a murder charge in her death.
Tuesday’s indictment against Tony Earls comes nearly two years after another grand jury declined to indict him in the death of Arlene Alvarez.
Gwen Alvarez, the girl’s mother, said the indictment brought her family some relief, knowing it is the “first step of receiving justice for my daughter.”
“Hopefully we inspire other families to never give up on their loved ones. It’s horrible and it’s a big nightmare what we go through. … We’re living day by day,” a tearful Gwen Alvarez said during a news conference.
Authorities said Wednesday an arrest warrant has been issued for Earls, who has been a fugitive for about a year now on an unrelated assault charge. A $5,000 reward is being offered for information leading to his arrest, said Andy Kahan, director of victim services at Crime Stoppers of Houston.
Earls’ previous attorneys had said their client was not a “monster” but a family man who was devastated by Arlene’s death. They said Earls was not reckless in his actions and was only protecting his family.
Earls and his wife were at an ATM to withdraw money on Feb. 14, 2022, when an unidentified robber pulled a gun on them and fled after taking $20, along with a check and their car keys, according to prosecutors.
Earls’ attorneys said after their client got out of his car, the robber fired and Earls fired back in self-defense. Investigators say Earls fired at a truck thinking the robbery suspect had possibly climbed into it.
But the vehicle was actually carrying Arlene and her family as they went to the ATM to make a deposit before heading to a late dinner at a pizzeria. The girl was shot in the head and later died at a hospital.
Earls was arrested and charged with aggravated assault, serious bodily injury. But a grand jury in July 2022 declined to indict him on that charge or several others, including manslaughter and murder. The man who robbed Earls has never been caught.
Harris County District Attorney Kim Ogg said that earlier this year she assigned a special prosecutor, Warren Diepraam, to re-examine the case. Diepraam said an FBI firearms expert was brought in to review evidence.
Diepraam said he couldn't discuss the evidence presented to the grand jury. But his investigation, which was assisted by Houston police and attorneys for the Alvarez family, found that Earls had a clear view of the Alvarez family's truck and there was nothing to indicate it was connected to the robber.
"The conclusion that I reached was that if you’re going to discharge a weapon into a car ... you better make sure that you’re 100% correct because there are no second chances to bring back an innocent life," Diepraam said.
Shooting recklessly into a vehicle or a location voids any claims of self-defense or defense of property under Texas law, he said.
Ogg praised Arlene's family for their patience and efforts in the case.
“They could have been bitter. They could have done nothing. Instead, they directed all their energy toward achieving justice for Arlene. And that’s our goal. ... They will get their day in court," Ogg said.
If convicted, Earls could be sentenced to up to life in prison.
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FILE - Wendy Alvarez, mother of Arlene Alvarez, 9, who died after being shot in February of this year, listens during a press conference, Tuesday, July 19, 2022, at Crime Stoppers in Houston. Tony Earls, accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022, has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment comes nearly two years after another grand jury had declined to indict him in the death of Alvarez. (Mark Mulligan/Houston Chronicle via AP)
FILE - Tony D. Earls is escorted from the Harris County 263rd District Criminal Court Thursday, Feb. 17, 2022, in Houston. Earls, who is accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022, has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment comes nearly two years after another grand jury had declined to indict him in the death of Arlene Alvarez. (Melissa Phillip/Houston Chronicle via AP, File)
FILE - Arlene Alvarez's parents, Gwen Alvarez and Armando Alvarez are seen during a news conference with their attorney, Rick Ramos, right, Wednesday, Feb. 16, 2022 in Houston, Texas. Tony Earls, who is accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022 has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment against Earls comes nearly two years after another grand jury had declined to indict him in the death of Alvarez. (AP Photo/Juan A. Lozano, File)
CALGARY, Alberta (AP) — Lauren Coughlin held onto the lead Friday in the CPKC Women’s Open, while Canadian star Brooke Henderson was derailed by closing bogeys at windy and smokey Earl Grey Golf Club.
Coughlin followed her opening 4-under 68 on Thursday in chilly and windy conditions with a 70 on Friday to get to 6 under, a stroke ahead of Hannah Green and Haeran Ryu. The temperature made it into the 70s after barely climbing into the 60s on Thursday.
“I think I handled it really well overall,” Coughlin said. “It was just really difficult to judge how far the ball was going to go with the wind and the crosswind and how firm the greens got. And they had some tough pins, especially considering the direction of the wind.”
Playing through a smokey haze from wildfires, Henderson bogeyed the final four holes in her afternoon round for a 73 that left her seven strokes back at 1 over. She won the 2018 tournament.
“Most of the day I was 3 under, so feeling pretty great,” Henderson said. “To walk away 1 over, that’s not the best feeling. But all you can do is move forward and try to learn from some of the things you did out there.”
Coughlin is coming off a fourth-place finish two weeks ago in France in the major Evian Champions. The 31-year-old former University of Virginia player is winless on the LPGA Tour.
On Friday, she had three front-none birdies and dropped a stroke on the par-4 11th. In two rounds, she's 7 under on the first nine holes and 1 over on the second nine.
“I putted extremely well,” Coughlin said. “Two-putted really well all day. Took advantage of the front nine, which you have to, and then kind of hold on on the back nine.”
Green matched Coughlin with a 70. The Australian is a two-time winner this year, taking the HSBC Women’s World Championship in Singapore in February and the JM Eagle LA Championship in April.
“It was tough again out there,” Green said. “There was some pretty strong wind gusts, especially our last few holes, so committing to the shot you were envisioning was kind of difficult.”
Ryu bogeyed the 18th for 69.
“The weather is really bad,” Ryu said. “Is a little bit cold and so windy.”
The 23-year-old South Korean player won the Walmart NW Arkansas Championship last year for her first LPGA Tour title. She was second last week in Ohio in the Dana Open.
Three-time champion Lydia Ko had a 71 to join second-ranked Lilia Vu (70) and Jennifer Kupcho (72) at 3 under. Ko won as an amateur in 2012 at age 15, successfully defended her title as an amateur in 2013 and won as a professional in 2015.
“It’s not easy — and I think the scores are showing,” Ko said. “Anything kind of under par the past couple days is a really solid round. I’m pretty happy with the way I started this week.”
Kupcho topped the leaderboard at 8 under after birdieing five of the first eight holes in her morning round, then was 5 over the rest of the way. She had a double bogey on the par-4 16th, four bogeys and a birdie on her final nine holes.
“I’m pretty upset,” Kupcho said. “I think in hindsight I still hit 15 greens. Like I was hitting the ball really good. Three-putted 10 and 11 and four-putted 16. I didn’t play bad. Just had a couple shaky putts down the stretch — and that’s going to happen.”
Lexi Thompson was in the group with Henderson tied for 26th at 1 over after a 73 The American plans to play a limited schedule after this season.
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Lexi Thompson, of the United States, chips on the first hole during the second round at the LPGA Canadian Women's Open golf tournament in in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh /The Canadian Press via AP)
Jennifer Kupcho, of the United States, watches her tee shot on the fifteenth hole during the second round at the LPGA Canadian Women's Open golf tournament in in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh /The Canadian Press via AP)
Jennifer Kupcho, of the United States, lines up a putt on the fourteenth green during the second round at the LPGA Canadian Women's Open golf tournament in in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh /The Canadian Press via AP)
New Zealand's Lydia Ko hits a tee shot on the first hole during the second round at the LPGA Canadian Women's Open golf tournament in in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh /The Canadian Press via AP)
Korea's Haeran Ryu hits a tee shot on the fourth hole during the second round at the LPGA Canadian Women's Open golf tournament in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh/The Canadian Press via AP)
Canada's Brooke Henderson hits a tee shot on the second hole during the second round at the LPGA Canadian Women's Open golf tournament in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh/The Canadian Press via AP)
Lauren Coughlin, of the United States, hits from the fairway on the sixth hole during the second round at the LPGA Canadian Women's Open golf tournament in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh/The Canadian Press via AP)
Lauren Coughlin, of the United States, hits a tee shot on the seventh hole during the second round at the LPGA Canadian Women's Open golf tournament in Calgary, Alberta, Friday, July 26, 2024. (Jeff McIntosh/The Canadian Press via AP)
