News Harris County Grand Jury declines to indict man in fatal shooting of 9-year-old Arlene Alvarez, DA says

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A Harris County Grand Jury declined to indict Tony Earls in the fatal shooting of 9-year-old Arlene Alvarez, Harris County District Attorney Kim Ogg announced on Tuesday.

“Our hearts go out to the Alvarez family because Arlene’s death is a tragedy that is unimaginable,” Ogg said. “We are focusing all of our efforts on finding the suspect who set this chain of events in motion and bringing him to justice.”

Alvarez was fatally struck by a bullet while riding in the back of her family’s truck on Feb. 14 after Earls accidentally shot her while trying to aim at a robbery suspect, according to Houston police.

Around 9:45 p.m., police said Earls was with his wife at the Chase Bank ATM drive-thru in the 2900 block of Woodridge when they were approached by an unknown man and robbed. While the suspect was fleeing on foot, Earls pulled out a gun and began shooting, also aiming at a pickup truck he thought the suspect had gotten into, police said.

The truck, however, was not involved in the robbery and was occupied by five members of the Alvarez family.

Arlene, who was sitting in the rear passenger seat, was struck. She was rushed to Memorial Hermann Hospital where she remained on life support until succumbing to her injuries on Feb. 15.

Police said Earls did not initially know he struck the child until he went home and called to report the robbery.

Even though the shooting appeared to be accidental, Earls was originally charged with aggravated assault- causing serious bodily injury.

Ogg noted that grand juries are composed of randomly selected citizens who hear all of the evidence in a case in secret. Grand jurors were presented with all of the evidence and asked to determine if there was sufficient evidence for a criminal charge.

The robbery suspect whose crime led to the accidental shooting death of the innocent child is still on the run.

The suspect is described only as a dark-skinned male with a thick build and full eyelashes.

Anyone with information on the identity of the suspect seen in the surveillance video or on his whereabouts is urged to contact the HPD Homicide Division at 713-308-3600 or speak anonymously to Crime Stoppers at 713-222-TIPS.

A news conference will be held Tuesday at 3:15 p.m. at Crime Stoppers of Houston to publicize a $25,000 donation from Houston businessman Tilman Fertitta to offer a reward for information leading to the arrest of the original robbery suspect.

Among those scheduled to attend are Ogg, members of the Alvarez family, prosecutors, investigators, Crime Stoppers representatives, and others.

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