HOUSTON – Tony Earls Jr., 33, appeared in court for the first time Monday after a Harris County grand jury indicted him in April for the death of 9-year-old Arlene Alvarez.
Earls’ attorney, Ana Paula Funes-Baker had some questions about how Earls is being treated in jail. She added that this case isn’t a murder case but she is heartbroken for Arlene’s family.
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“We also wanted to address the substantial resources that are being used to prosecute Mr. Earls such as appointing a special prosecutor. We are very confused about that,” Funes-Baker said. “We don’t know why none of the hundreds of prosecutors at the D.A.’s office couldn’t handle this, including the specific homicide division that the D.A.’s office has. Why they needed to waste taxpayers money for a special prosecutor for this case, we aren’t sure.”
Arlene’s aunt, Abigail Alvarez, expressed some emotions about Funes-Baker’s remarks.
“This is Harris County, this is no surprise that every inmate is more than likely being treated the same,” Abigail said. “It’s very irrelevant for her to bring that up. He’s had two years free. He has been living comfortably, on his bed, he’s been doing fine and he’s going to do fine right now. All they are trying to do is give him a little pity party and that’s unacceptable for me as the aunt of Arlene Alvarez.”
Abigail spoke on how Arlene was buried and not in a warm bed like Earls.
“Who cares if Earls is not being treated with respect or whatever it is that she stated? She stated the taxpayer’s money is wasted. Excuse me? That was complete disrespect,” Abigail said. “We pay taxes as well. This is our taxes for all these years we have been paying for as well is being put to work. No, it’s not wasted. My niece’s life is not a waste.”
Abigail spoke about how they will not stop until they get justice for Arlene.
“We are never going to stop until he is locked up. She was just nine years old. She had all the life to live. Earls’ life is pretty wasted. What is he doing? He doesn’t have a job,” she said. “All he’s doing is going around threatening people, even his family. What is he doing for us as a society? What kind of tax-paying money is he doing if he isn’t working?”
Funes-Baker asked about Warren Diepraam’s contract with the Harris County District Attorney’s office during court.
“I don’t know what the logic behind that was but (she) asked about my contract with the district attorney’s office and whether or not the DA’s office had recused themselves. My answer was I’m a special prosecutor with the district attorney’s office hired by (Harris County District Attorney Kim) Ogg and that the office has not recused themselves,” Diepraam said. “Either way, I am the prosecutor on the case whether they recuse themselves or not.”
Funes-Baker asked that the bond be transferred from the aggravated assault case which was originally filed on Feb. 14, 2022, to this case.
“We mentioned to the judge that we didn’t think that was an appropriate request because that case was no-billed which essentially disappeared. This was a new case, with a new investigation and it’s a new charge,” Diepraam said. “We didn’t feel that was appropriate and at this time, the judge agreed with us.”
Diepraam said the defense attorney made some ‘exceptional requests’ during today’s court hearing.
“The defense made an unusual request for information that they don’t have any right to have. The judge recognized that and denied it. They were requesting information as to the robbery suspect and the current status of the investigation,” Diepraam said. “They are not entitled to that. That would be like anybody going down to the police station and saying ‘I want all of your case notes on active criminal cases. That doesn’t make sense and the judge agreed with that.”
The case was reset for May 29 for an additional bond hearing for Earls defense to have a second shot to get his bond lowered. As a result of today’s hearing, Earls will be required to post a bond of $140,000, which he must either use a bond company or pay for himself in cash.
The backstory
Earls had originally been cleared after being no-billed by a grand jury in July 2022. A special prosecutor was appointed to the case, and it was brought before another grand jury that indicted him for murder on April 23.
Earls was arrested Wednesday, according to court records. He is scheduled to appear in court Friday. He is charged with murder as well as an unrelated aggravated assault charge. His combined bond is $140,000.
According to police, Alvarez was struck by a bullet while riding in the back of her family’s truck. Alvarez was rushed to Memorial Hermann Hospital, where she later died.
Earls was at the Chase Bank at the intersection of Winkler and Woodridge when he was robbed at gunpoint at 9:30 p.m. on Feb. 14, 2022. After the robbery, Earls fired his handgun at the robber, who was running away from him.
At the same time, the Alvarez family were driving past the bank in their pickup when Earls fired several shots into the truck, killing the child.
Police said that Earls did not initially know he had struck the child until he went home and called to report the robbery. Earls was initially charged with aggravated assault-serious bodily injury.
But when a Harris County grand jury failed to indict him in July 2022, he was released. Harris County District Attorney Kim Ogg assigned Special Prosecutor Warren Diepraam to reexamine the case.
Diepraam called in an FBI firearms expert to examine the physical evidence that had been collected.
“The expert’s opinion is that Mr. Earls saw the robber run past the vehicle with Arlene Alvarez inside — the vehicle did not do anything to give Mr. Earls a justification to shoot into the passing vehicle,” Diepraam said. “Mr. Earls had a clear line of sight, and obviously Mr. Alvarez did not stop and say to the robber, ‘Get in’ or anything like that.”
If convicted of murder, Earls faces the full range of punishment, from five years in prison to life.
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