Texas grand jury declines to indict man accused of killing 9-year-old girl while shooting at armed robber

(CNN) A grand jury in Harris County, Texas, on Tuesday declined to indict a man who allegedly killed 9-year-old Arlene Alvarez while shooting at an armed robber in February, Harris County District Attorney Kim Ogg said.

"I just want to tell the family how saddened we are," Ogg said. "We don't have the luxury of disagreeing with the jury's verdict, with the grand jury's determination. But we have the ability to move forward and to catch the person who they've indicated is criminally responsible."

The killing happened February 14 at about 9:30 p.m. when Tony Earls and his wife drove to a drive-thru ATM to deposit some cash and a check, according to the district attorney's office. A man then ran up and put a gun in the wife's face and demanded their money, car keys and her wallet, the prosecutor's office said.

The couple initially complied with the robber, handing over the check, cash and wallet, before the robber started to run away, the office said. Earls, who stepped out of the vehicle, said he heard gunshots and believed he was being shot at, so he shot at the robber, the office said.

However, he ended up striking a truck that happened to be driving by at the same time, killing 9-year-old Arlene Alvarez in the backseat, the district attorney's office said.