Houston family of murdered 9-year-old Arlene Alvarez speaks out after Tony Earls’ lawyer questions prison treatment

HOUSTON – Tony Earls Jr., 33, appeared in court for the first time Monday after a Harris County grand jury indicted him in April in the death of 9-year-old Arlene Alvarez.

Earls’ attorney, Ana Paula Funes-Baker, had some questions about how Earls was treated in prison. She added that this case was not a murder case, but she was heartbroken for Arlene’s family.

“We also wanted to address the substantial resources that are being used to prosecute Mr. Earls, such as the appointment of a special prosecutor. We are very confused about this,” Funes-Baker said. “We don’t know why none of the hundreds of prosecutors in the DA’s office could handle this, including the specific homicide division that the DA’s office has. Why they had to waste taxpayers’ money to appoint a special prosecutor in this case, we’re not sure.”

Arlene’s aunt, Abigail Alvarez, expressed some emotion over Funes-Baker’s remarks.

“We’re in Harris County, it’s no surprise that all inmates are most likely treated the same,” Abigail said. “It’s absolutely irrelevant for her to talk about it. He got two years free. He lives comfortably, in his bed, he is doing well and he is doing well at the moment. All they are trying to do is throw her a little pity party and that is unacceptable to me, as Arlene Alvarez’s aunt.

Abigail explained how Arlene was buried and not in a warm bed like Earls.

“Who cares if Earls isn’t treated with respect or whatever she said? She said taxpayer money was being wasted. Excuse me? It was a complete lack of respect,” Abigail said. “We also pay taxes. These are our taxes that we have paid all these years and which are also put to good use. No, it’s not a waste. My niece’s life is not a waste.

Abigail explained that they won’t stop until they get justice for Arlene.

“We will never stop until he is locked up.” She was only nine years old. She had her whole life to live. Earls’ life is pretty messed up. What is he doing? He doesn’t have a job,” she said. “All he does is threaten people, even his family. What is he doing for us as a society? What kind of Does money pay if he doesn’t work?

Funes-Baker asked about Warren Diepraam’s contract with the Harris County District Attorney’s Office during the trial.

“I don’t know what the logic behind it was, but (she) asked about my contract with the DA’s office and whether or not the DA’s office had recused itself. My response was that I am a special prosecutor in the DA’s office hired by (Harris County Prosecutor Kim) Ogg and the office did not recuse itself,” Diepraam said. “No matter what, I am the prosecutor in this case whether they recuse themselves or not.”

Funes-Baker requested that bond be moved from the aggravated assault case originally filed on Feb. 14, 2022, to this case.

“We mentioned to the judge that we didn’t think it was an appropriate request because this case had not been billed and basically disappeared. It was a new case, with a new investigation and it’s a new charge,” Diepraam said. “We didn’t feel it was appropriate and at that time the judge agreed with us.”

RELATED: Special prosecutor named in murder case of 9-year-old Arlene Alvarez, two years after her death in southeast Houston

Diepraam said the defense lawyer made “exceptional requests” during today’s hearing.

“The defense has made an unusual request for information that it has no right to obtain. The judge admitted it and denied it. They were asking for information about the suspect in the theft and the current status of the investigation,” Diepraam said. “They don’t have the right to that. It would be like anyone going to the police station and saying, “I want all your notes on active criminal cases.” This makes no sense and the judge agreed with it.

The case was reset to May 29 for an additional bond hearing so Earl’s defense would have a second chance to have his bond reduced. Following today’s hearing, Earls will be required to post $140,000 bail, which he will either have to use a bail bond company or pay in cash himself.

The backstory

Earls had initially been cleared after being non-indicted by a grand jury in July 2022. A special prosecutor was appointed to the case, and it was brought before another grand jury which indicted him for murder on 23 april.

Earls was arrested Wednesday, according to court records. He is due to appear in court on Friday. He is charged with murder as well as another charge of aggravated assault. His combined bond is $140,000.

Police say Alvarez was shot while riding in the back of her family’s truck. Alvarez was rushed to Memorial Hermann Hospital, where she later died.

SEE ALSO: The family of Arlene Alvarez says they will continue to fight for justice despite the grand jury’s refusal to indict the man accused of fatally shooting a 9-year-old child.

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 February 14, 2022. After the robbery, Earls fired his gun fist on the thief, who was fleeing from him.

At the same time, the Alvarez family was driving past the bank in their pickup truck when Earls fired several shots at the truck, killing the child.

Police said Earls initially did not know he had hit the child until he returned home and called to report the theft. Earls was initially charged with aggravated assault and serious bodily injury.

But when a Harris County grand jury failed to indict him in July 2022, he was released. Harris County Prosecutor Kim Ogg has assigned special prosecutor Warren Diepraam to re-examine the case.

Diepraam brought in an FBI firearms expert to review the physical evidence collected.

“The expert’s opinion is that Mr. Earls saw the robber drive past the vehicle with Arlene Alvarez inside – the vehicle did nothing to give Mr. Earls justification to shoot at the vehicle which was happening,” Diepraam said. “Mr. Earls had a clear line of sight and Mr. Alvarez obviously did not stop to say to the robber, ‘Get in,’ or anything like that.

If convicted of murder, Earls faces the full range of penalties, from five years in prison to life.

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