Attorney: Man was defending himself when girl, 9, was shot
By JUAN A. LOZANO
Associated Press
HOUSTON (AP) — Attorneys for a man accused of shooting a 9-year-old girl when he was robbed at an ATM say that he was only trying defend himself when he fired at a man who had held him and his wife at gunpoint. The girl later died at the hospital. Attorneys for Tony Earls argued during a court hearing Thursday that prosecutors had no probable cause to hold him in custody as he didn’t intend to harm Arlene Alvarez during Monday’s evening’s shooting. Earls has been charged with aggravated assault, serious bodily injury, in the girl’s death. A prosecutor says under Texas law, Earls was not justified in using deadly force because during his actions, he killed an innocent bystander.