Wendy Alvarez places pictures as she stands at the burial site of her daughter Arlene, while the family celebrates the manslaughter verdict of her killer, Tony Earls in Houston, Thursday, Sept. 25, 2025.

Wendy Alvarez places pictures as she stands at the burial site of her daughter Arlene, while the family celebrates the manslaughter verdict of her killer, Tony Earls in Houston, Thursday, Sept. 25, 2025.

Kirk Sides/Houston Chronicle

A Houston mother is calling on Gov. Greg Abbott’s campaign to take down a political ad featuring her 9-year-old daughter, who was fatally shot in 2022. Wendy Alvarez, the mother of Arlene Alvarez, said Monday that she never agreed to have her daughter’s photo used to promote the governor’s reelection. 

“I did not agree to make my daughter part of anyone’s political campaign. I did not agree to use her tragedy to influence votes,” Alvarez wrote in a lengthy Facebook post. 

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What Abbott’s campaign ad says

The campaign ad features Arlene’s aunt, victims’ advocate April Aguirre, who holds up a photo of the girl while discussing her death. The video was uploaded to Abbott’s YouTube channel on Oct. 19 and promoted on his campaign website on Oct. 21. 

Arlene was fatally shot on Valentine’s Day in 2022 while riding in the back seat of her family’s pickup truck. Tony Earls Jr. opened fire on the vehicle after mistakenly believing a man who had just robbed him had gotten inside. Arlene was struck in the head and died from her injuries. In September 2025, a Harris County judge found Earls guilty of manslaughter and sentenced him to 20 years in prison, the maximum punishment for the offense. 

Arlene Alvarez, nine, was fatally shot in Houston on Valentine's Day in 2022.

Arlene Alvarez, nine, was fatally shot in Houston on Valentine’s Day in 2022.

courtesy of Gwen Alvarez

“I became a victim’s advocate when my 9-year-old niece was murdered,” Aguirre says in the ad. “That’s why public safety is personal to me.” 

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Aguirre goes on to praise Abbott’s public safety record while accusing his Democratic opponent, Gina Hinojosa, of supporting bail policies that allow violent offenders and undocumented immigrants accused of crimes back onto the streets. She also accuses Hinojosa of siding with the movement to defund police. 

“Your family should not have to experience what mine did,” Aguirre says before urging viewers to vote for Abbott. 

In a statement announcing the ad, Abbott’s campaign blamed liberal policies for Arlene’s death. 

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A campaign spokesperson told Chron that Aguirre brought the photograph herself and gave the campaign permission to use it. The spokesperson said Aguirre participated voluntarily and was not compensated. Asked whether anyone obtained Alvarez’s permission, the spokesperson said they were not aware of that happening. 

The spokesperson also said the campaign had not received any requests to remove the ad and declined to address Alvarez’s objections to her daughter’s photo being used for political purposes.

The commercial circulated in several Facebook communities, drawing criticism from commenters who questioned the use of Arlene’s photo to support a political candidate. Others directed their anger toward Alvarez and her family. 

April Aguirre, right, aunt of Arlene Alvarez, 9, who died after being shot in February of this year, speaks during a press conference with Arlene’s father, Armando, left, and mother, Wendy, center, Tuesday, July 19, 2022, at Crime Stoppers in Houston. 

April Aguirre, right, aunt of Arlene Alvarez, 9, who died after being shot in February of this year, speaks during a press conference with Arlene’s father, Armando, left, and mother, Wendy, center, Tuesday, July 19, 2022, at Crime Stoppers in Houston. 

Mark Mulligan/Houston Chronicle

In a phone interview with Chron on Tuesday, Aguirre said the backlash has escalated into death threats against her, Alvarez and other relatives. She said the family forwarded threatening messages to police. 

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“I can handle the heat. I can take it, but Wendy has gone through so much already,” Aguirre said. She added that the family had never experienced harassment on this scale despite years of public advocacy. 

Alvarez said she had no knowledge of the commercial and has since requested its removal. 

She acknowledged previously meeting Abbott, taking a photo with him and seeking his support for “Arlene’s Law,” proposed legislation aimed at strengthening penalties following her daughter’s death. However, she stressed that those efforts were never meant to endorse his political views. 

“My fight was never about Republicans or Democrats. It was never about immigration or turning against my own people,” she wrote. 

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Alvarez also defended Aguirre, whom she described as her best friend since they were teenagers. She credited Aguirre with standing beside her family throughout their fight for justice and said she believed Aguirre participated in the commercial with good intentions and received no payment. 

Victims' advocate April Aguirre appears ina Greg Abbott campaign ad featuring a photo of her late niece, Arlene Alvarez.

Victims’ advocate April Aguirre appears ina Greg Abbott campaign ad featuring a photo of her late niece, Arlene Alvarez.

Jay Janner/American-Statesman

Aguirre said she has supported politicians from both parties in her efforts to strengthen laws protecting crime victims, including Democrats John Whitmire and Sylvia Garcia. 

“I don’t feel like anybody should be attacked based on a political opinion,” she said. 

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Still, Alvarez made clear that she does not want her daughter’s memory used for political purposes, writing: “Arlene was not a political party. She was not a campaign slogan. She was my baby.” 

Abbott previously appointed Aguirre to the State Commission on Judicial Conduct in January 2025, and later reappointed her to the commission again in June 2026. The commission oversees allegations of judicial misconduct and can recommend disciplinary action against judges. 

Alvarez steps back from ‘Arlene’s Law’ 

In her Facebook statement, Alvarez said she was stepping back from her efforts to pursue “Arlene’s Law,” proposed legislation aimed at strengthening criminal penalties following her daughter’s death. 

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Aguirre said the harassment has taken a toll on the family, threatening to derail years of advocacy. She and the Alvarez family have spent two legislative sessions traveling to Austin at their own expense to push for tougher laws protecting crime victims. 

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Now, Aguirre fears those efforts could come to an end without Alvarez’s participation. 

“I can’t do it alone if Wendy’s not there with me,” Aguirre said. 

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The family had planned to continue pushing for stronger manslaughter penalties during the next legislative session, but Aguirre said she no longer intends to pursue those efforts without the family’s involvement.