(WBAP/KLIF) — The man who accidentally killed a 9-year-old girl after being robbed at gunpoint appeared in court, Thursday.
41-year-old Tony Earls argued before State District Judge Amy Martin that he was only trying to defend himself when he and his wife were robbed at gunpoint a Houston ATM. Prosecutors argued that Earls fired four shots at the robbery suspect and then two at a pick-up truck, which struck a passenger, 9-year-old Arlene Alvarez.
The girl later died at a Houston area hospital. Attorneys say Earls was not justified in using deadly force that killed an innocent by-stander. Earls is charged with aggravated assault and serious bodily injury.
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