A Harris County grand jury has decided not to indict a Texas man who accidentally shot 9-year-old Arlene Alvarez.

Tony Earls was found not responsible for the tragic death of Alvarez on Tuesday. However, the courts have insisted that he help the family find the man responsible for the incident.

Earls was found innocent after a pending investigation determined that while at a Chase Bank ATM on Feb. 14, Earls and his wife were robbed as they were preparing to attend a late dinner at a pizzeria.

Earls chased the robber and shot at a truck that he assumed the suspect was getting into but was wrong and struck the vehicle belonging to the Alvarez family.

The fourth grader watching a movie in the backseat with headphones on could not hear her mother’s cries to duck down. The bullet fatally injured the young girl when it struck her head.

Earls was arrested and charged with felony aggravated assault causing severe bodily injury. A $30,000 reward will be given to anyone who finds the perpetrator.

Police have released surveillance footage.

“Today is an extremely difficult day. Arlene never asked to be put in this situation. Today, she is everyone’s daughter,” a Harris County representative from The Crime Stoppers division said.

Harris County District Attorney Kim Ogg believes Earls was found guilty because of his need to defend himself and his wife.

“The grand jury, a random group of ordinary people in Harris County who answered their jury summons, heard the evidence in this case as presented by our prosecutors, heard all of the possible charges – from murder to manslaughter to aggravated assault to criminally negligent homicide. That grand jury also heard possible defenses,” Ogg said.

Ogg explained that in the Earls-Alvarez case, Earls was excused under these circumstances where he had operated in a matter of defense of one’s property.

Earls will no longer face charges in Alvarez’s murder, and his case cannot be reopened.

The family is devastated by the ruling. The young girl’s mother, Gwen Alvarez, feels Earls intended to kill whoever was in the vehicle.

“I go back to that day every night, and I know what happened. Maybe Earls was not accountable for his actions, but he knows with what intentions he did,” Gwen said. “With what intentions he shot at our vehicle because self-defense is not more than nine shots. He knew what he was doing, and he knew he was going to intentionally kill whoever was in that vehicle.”

Earls released a statement through his attorney about the grand jury’s final decision.

“We are relieved that, despite the emotion and tough decisions that had to be made in dealing with this case, justice was served for Mr. Earls,” the statement said. “We do not envy the difficult task of the grand jury, but we certainly appreciate their careful deliberation.”

The family wants someone held accountable for the murder of their daughter.

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