The family of a 9-year-old Houston girl who died after being shot by a man who opened fire when he was robbed at an ATM said on Wednesday that they are still incensed by the decision of the grand jury not to indict the shooter.
"That wasn't by chance. An image of Arlene Alvarez as she lay in a hospital bed, bloodied and bandaged just before she passed away, was shown during a news conference, and April Aguirre, the girl's aunt, said during the event that it was not self-defense.
In relation to the death of Alvarez on February 14, Tony Earls, 41, was charged with aggravated assault causing serious bodily harm. He might have been charged with murder and manslaughter by a Harris County grand jury in Houston on Tuesday, but they chose not to do so.
The verdict of the grand jury, however, was not unexpected given the slim chances of victory for the prosecution in this case, according to a legal expert.
According to Sandra Guerra Thompson, a law professor at the University of Houston Law Center, Texas law "gives very, very broad self-defense rights for people carrying guns, even if the person makes a mistake."
According to prosecutors, Earls and his wife were at an ATM to withdraw cash when an unidentified robber drew a gun on them and fled after grabbing $20, a check, and their car keys.
According to Earls' lawyers, the robber fired after their client exited his car, and Earls responded by firing in self-defense.
According to investigators, Earls shot at a truck because he believed the robbery suspect might have gotten inside of it. Alvarez and her family were in fact traveling in the car as they headed to the ATM to make a deposit before going to a pizzeria for a late meal. After being shot in the head, the girl passed away in a hospital.
Earls' lawyers claim that although their client is still grieving for Alvarez, the grand jury made the proper choice and that the thief is to blame for her murder.
"Mr. Earls acted as we think anyone would have in that circumstance,' In spite of the stress and difficult choices that had to be taken in this case, we are happy that Mr. Earls received justice, according to a statement from his attorneys, Myrecia Donaldson and Brennen Dunn.
The grand jury's verdict, according to Harris County District Attorney Kim Ogg, "doesn't imply that you're innocent, Mr. Earls." It indicates that you were not charged with a crime.
The girl's mother, Gwen Alvarez, stated inconsolably on Tuesday that she felt "the system failed us" as a result of the grand jury's verdict.
According to Rick Ramos, the lawyer for the Alvarez family, "Earls is guilty because he was the one who decided to fire on our vehicle multiple times and he didn't stop until he ran out of bullets." Ramos also questioned whether Earls was capable of carrying a weapon because his attorneys had previously disclosed in court documents that he had mental illness prior to the shooting.
While Texas does not have red flag laws that would allow law enforcement or family members to ask a judge to order the seizure or surrender of guns from someone who is deemed dangerous, frequently due to mental health concerns or threats of violence, Thompson claimed that issues of mental illness would not have made a difference in this case. Texas lawmakers increased gun rights last year by allowing open carry of pistols without a background check or training.
Ramos stated that he intends to analyze the evidence with an impartial expert to determine whether or not a new grand jury may hear the case.
The police are now offering a $30,000 reward for information leading to the arrest of the unidentified robber, but Ogg said that investigators planned to concentrate on finding him and holding him accountable for Alvarez's murder.
We probably would be praising Mr. Earls if he had killed the robber, Thompson said. However, such was not the case, and tragically, an innocent child was slain.
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