FILE - Arlene Alvarez's parents, Gwen Alvarez and Armando Alvarez are seen during a news conference with their attorney, Rick Ramos, right, Wednesday, Feb. 16, 2022 in Houston, Texas. Tony Earls, who is accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022 has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment against Earls comes nearly two years after another grand jury had declined to indict him in the death of Alvarez. (AP Photo/Juan A. Lozano, File)
Harris County District Attorney Kim Ogg speaks along with the family of Arlene Alvarez during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
Harris County District Attorney Kim Ogg speaks along with the family of Arlene Alvarez during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
FILE - Wendy Alvarez, mother of Arlene Alvarez, 9, who died after being shot in February of this year, listens during a press conference, Tuesday, July 19, 2022, at Crime Stoppers in Houston. Tony Earls, accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022, has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment comes nearly two years after another grand jury had declined to indict him in the death of Alvarez. (Mark Mulligan/Houston Chronicle via AP)
Arlene Alvarez's dad, Armando Alvarez, whispers to his son, Armando Alvarez Jr., 9, with wife Wendy during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
Andy Kahan, Director of Victim Services and Advocacy for Crime Stoppers, comforts Wendy Alvarez as she speaks about her daughter, Arlene Alvarez, during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
FILE - Tony D. Earls is escorted from the Harris County 263rd District Criminal Court Thursday, Feb. 17, 2022, in Houston. Earls, who is accused of fatally shooting a 9-year-old girl when he was robbed at a Houston ATM in 2022, has been indicted Tuesday, April 23, 2024, for murder in her death. The indictment comes nearly two years after another grand jury had declined to indict him in the death of Arlene Alvarez. (Melissa Phillip/Houston Chronicle via AP, File)
Andy Kahan, Director of Victim Services and Advocacy for Crime Stoppers, addresses Arlene Alvarez's case during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
Arlene Alvarez's dad, Armando Alvarez, puts his arm around his son, Armando Alvarez Jr., 9, with wife Wendy during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
Andy Kahan, Director of Victim Services and Advocacy for Crime Stoppers, speaks next to the family of Arlene Alvarez during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)
Special prosecutor Warren Diepraam speaks along with the family of Arlene Alvarez during a press conference to discuss the indictment of Tony Earls in the death of the 9-year-old in 2022 at Crime Stoppers on Wednesday, April 24, 2024, in Houston. (Karen Warren/Houston Chronicle via AP)