HOUSTON — Attorneys for a man accused of shooting a 9-year-old girl when he was robbed at an ATM in Houston said Thursday that he was only trying defend himself when he fired at a man who had held him and his wife at gunpoint.
During a court hearing, attorneys for Tony Earls argued that prosecutors had no probable cause to hold him in custody as he didn’t intend to harm Arlene Alvarez, who died after the shooting, and was only protecting himself and his wife.
Earls, 41, has been charged with aggravated assault, serious bodily injury, in the girl’s death.
‘’Our client has the right to defend himself,” Brennen Dunn, one of Earls’ attorneys, said in court. Earls, dressed in orange jail clothing, did not speak during the hearing.
State District Judge Amy Martin ruled there was probable cause to charge Earls and she also denied a request by his attorneys to lower his bond of $100,000. Earls remained in the Harris County Jail on Thursday.
Police allege that after Earls and his wife were robbed in their car at the Chase Bank ATM in southeast Houston at around 9:45 p.m. on Monday, he got out of his vehicle and opened fire at the suspect.