HOUSTON – When the man first accused of shooting to death 9-year-old Arlene Alvarez on Valentine’s Day two years ago was exonerated, District Attorney Kim Ogg said that without new evidence, she did not expect to file new charges nor present the case. another grand jury.

The Álvarez family got to work, fighting for justice for their daughter and seeking their own experts and evidence.

“It took a village,” said Arlene’s aunt, April Aguirre. “I want to tell the entire community that not all cases will follow the traditional path.”

SEE ALSO: Arlene Alvarez’s family says they will continue to fight for justice even though the grand jury declined to indict the man accused of shooting and killing a 9-year-old boy.

The family took what they had gathered to a special prosecutor, and this time, a grand jury agreed with them, indicting the same man they had let go before.

Tony Earls, Jr. was indicted for murder this week, accused of shooting at the truck Alvarez was in with his family.

Earls was at the Chase Bank at the intersection of Winkler and Woodridge when he was robbed at gunpoint at 9:30 p.m. on February 14. After the robbery, Earls fired his gun at the robber, who was fleeing from him.

At the same time, the Alvarez family was passing the bank in their truck when Earls reportedly fired several shots at the truck, hitting Arlene in the head.

RELATED: Special prosecutor appointed in murder case of 9-year-old Arlene Alvarez, two years after her death in southeast Houston

The special prosecutor who handled the case the second time, Warren Diepraam, declined to go into detail about what the new evidence was. By law, grand jury proceedings are not made public. He credited the work of an FBI firearms expert who examined the evidence.

District Attorney Kim Ogg credited the Alvarez family for their stubbornness. And Arlene’s mother, Wendy Alvarez, choked back tears and said her charges bring her some comfort.

“We had a big loss and we are here for the love of Arlene,” Alvarez said. “Hopefully, we inspire other families to never give up on their loved ones. It is horrible and it is a big nightmare what we are going through, but thanks to my family, my children and my husband, we are living day by day.”

RELATED: Arlene Álvarez’s family says they have been victims of multiple robberies and robberies since the death of a 9-year-old boy.

Aguirre has been a force in the investigation and has pushed for more to be done. He has a message for people who have felt sympathy for Earls.

“He made a conscious decision to shoot at that vehicle that night and took his own life. There is no outcome when you shoot at a vehicle other than property damage, injury, or death. Those are the three things that are going to happen…what he did that night was shoot a girl.”

Police are now searching for 33-year-old Tony Earls.