
A sobbing mother slammed a grand jury for refusing to indict a man who shot and killed her young daughter while pursuing a man who had just robbed him.
Gwen Alvarez spoke after a Harris County jury, Texasdeclined to charge Tony Earls, 41, for shooting and killing nine-year-old Arlene Alvarez on February 15.
Gwen said, “It’s been proven [the suspect] never jumped in our vehicle so I don’t understand [Earls] Innocence. He gets to see the light, my daughter doesn’t, my daughter is still buried underground,” said her mother, Gwen Alvarez press conference on Tuesday.
“He knew what he was doing and he knew he was going to kill anyone in that vehicle on purpose.”
On the night of Arlene’s death, Earls was robbed at gunpoint in his car shortly after using a Chase ATM.
As the suspect fled on foot, Earls got out of his vehicle and opened fire, including at a pickup truck he believed the suspect had entered.
However, the pickup belongs to the Alvarez family. A bullet hit Arlene in the head and she was taken to the hospital, where she died a month and a half later.
Earls was able to avoid a possible charge of murder or manslaughter because he had just been the victim of a crime.
The jury eventually agreed with his defense team’s claim that he had the right to protect himself and his property.
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Gwen Alvarez (pictured) held back tears at a news conference on Tuesday when she said she didn’t understand his “innocence” while her daughter lay in a grave

Arlene (pictured) was shot dead outside a Chase Bank on February 15 after Tony Earls shot her family’s vehicles after he thought his mugger had gotten inside

Earls, 41, was originally charged with aggravated assault and his case cannot be retried after the grand jury decided not to indict him
The mum said she was “dragged” to the press conference before criticizing the jury’s decision, saying she was “angry” and “upset”.
“I lived this moment and I go back to this day every night,” she said, fighting back tears. “Earls may not have been responsible for what he did, but he knows what his intentions were when he shot our vehicle [with]because self-defense is no more than nine shots.’
The grieving mother also worried her daughter would not be well “spiritually” after death and is now urging people to “stop shooting at vehicles”.
“A lot of people are dying, a lot of children are dying. Our future is dying,” she said of the numerous shootings since her daughter’s death. “What’s the matter with your boys?
“Where’s your humanity? where is your heart Where is your soul?’

Arlene (pictured in hospital) was shot in the head and taken to hospital where she died a month and a half later
Arlene’s father previously said she wore headphones during the shooting and didn’t hear her father when he told the family to “come down”.
“She was the only one who didn’t come down. She didn’t hear me,’ he said earlier this year.
Alvarez said he was driving his family to Arlene’s favorite restaurant when the shooting happened.
He said his instinct was to drive faster when he heard the shooting begin to get away from the scene.
Earls later called police to report the robbery, telling authorities he was unaware his shots had hit the truck.
Earls was charged with aggravated assault over the shooting, but it was dropped Tuesday and cannot be retried, according to Harris County District Attorney Kim Ogg.
“The grand jury, a random group of ordinary people in Harris County who responded to her subpoena, heard the evidence in this case as presented by our prosecutors, heard all sorts of charges – from murder to manslaughter to aggravated.” Bodily harm and criminal negligence murder,” said Ogg.
“This grand jury has also heard possible defenses.”

Arlene’s father (pictured together) previously said his daughter wore headphones during filming and didn’t hear him say, “Come down.”

Her mother also said Tuesday that she is concerned her late daughter is not doing well “spiritually.”
Prosecutors also said deadly force can sometimes be excused when it comes to protecting property.
Now the Alvarez family is turning their attention to the injured man and asking the community to help with identification.
“Please help us look for this person,” Gwen asked Tuesday.
A reward, now $30,000, is being offered to help identify the “killer”. ABC 13 Houston.
Earls’ attorneys sent their condolences to the Alvarez family, but also said they believed Earls did what “anyone would have done in this situation.”
They also cast shadows on the prosecutor’s office, saying in a statement: “We also hope that going forward the prosecutor’s office will not be so hasty in hiring the best person available, but rather the most appropriate.”