A grieving Texas mother has torn a grand jury after she refused to charge the man who killed her 9-year-old daughter when he opened fire after being the victim of a robbery.
“What’s the matter with you all?” asked Gwen Alvarez following the decision not to charge Tony Earls, 41, who police say his robber got into the family’s pickup truck and fired the shots that killed fourth-grader Arlene Alvarez.
“A lot of children are dying. Our future is dying. … Where is humanity? where is your heart Where is your soul?
Earls had opened fire after he was robbed at gunpoint at a Houston ATM while he was with his wife on Valentine’s Day, police and prosecutors said.
But instead of hitting the robber, a bullet pierced the Alvarezes’ pickup truck as they went to dinner, fatally hitting the 9-year-old girl in the head. She died the next day.
Earls was originally charged with aggravated assault with aggravated assault, but the grand jury decided not to charge because he was also a felony victim. The decision means he cannot be charged again.
“He gets to see the light. My daughter still doesn’t,” Alvarez’s mother said at the emotional press conference.
“My daughter is still below, underground. I don’t know if she’s any good spiritually,” she said, saying she was haunted to see her daughter fatally shot before her eyes.
“I lived that moment and I go back to that day every night. And I know what happened,” she said.
The dead girl’s aunt, April Aguirre, said the family felt “devastated that they came to a decision so quickly that we don’t agree with”.
“Arlene was murdered and we will never get her back,” Aguirre said. “Arlene will be forever frozen in time as a fourth year girl. She will be 9 forever.”
Harris County District Attorney Kim Ogg admitted that the grand jury’s decision was “very difficult for the Alvarez family to accept.”
“Our hearts go out to the Alvarez family as Arlene’s death is an unimaginable tragedy,” Ogg said.
She said her office is now “focused on all of our efforts to find the suspect who started this chain of events on the move,” with a $30,000 reward for the gunman Earl allegedly tried to stop.
The Earls’ attorneys told ABC7 in a statement that they were “satisfied with the grand jury’s decision in this case” and commended the “careful consideration” that was required.
“Mr. Earls did what we believe anyone would have done in this situation,” said attorneys Brennen Dunn and Myrecia Donaldson.
“We are relieved that justice has been done for Mr. Earls, despite the emotions and difficult decisions that have had to be made in handling this case.”
Still, “there is no greater loss than that of a loved one, and we continue to mourn the loss of such a beautiful soul,” Earls’ attorneys said.
“Though this life weighs heavily on us, we are pleased with the grand jury’s decision in this case.”
https://nypost.com/2022/07/20/texas-moms-pain-as-man-who-shot-daughter-9-avoids-charges/ Mother outraged after man who fatally shot daughter was not charged