Matthew Atwater has been charged with felony murder and arson after Houston Fire Department investigators determined the fire was likely set by a resident of the Cypresswood Apartments, according to Harris County Sheriff Ed Gonzalez.

A felony murder is a charge alleging a death occurred during the commission of another felony, in this case arson. 

Atwater lived in one of the units with Andrew Atwater, 40, who was taken from the scene and later pronounced dead at the hospital, Gonzalez said in a post on X. The Atwaters’ mother also lived in the unit, Gonzalez said. 

Homicide detectives with the sheriff’s office said Atwater allegedly argued with family members Sunday evening before allegedly setting the fire, Gonzalez said. No charging documents, attorney or bail information were available for Atwater as of 4 p.m. Monday.

Harris County authorities arrested Atwater April 13 as an out-of-county fugitive wanted in Jasper County, according to court records. Atwater was wanted on warrants issued the day prior on allegations including aggravated assault against a public servant and deadly conduct, the records show. Court records indicate authorities returned Atwater to Jasper County on April 24.

Atwater was released on bond from the Jasper County Jail May 9, according to court records. 

In the incident on Monday, the charges stem from a fire that officials across several departments responded to around 1:30 a.m., where they found the eight-unit building completely engulfed in flames. A 3-year-old resident in a neighboring apartment also suffered “extensive” burn injuries, according to Gonzalez.

Approximately 25 residents have been displaced. Six residents were taken to the hospital, and seven were treated at the scene, according to the Klein Fire Department. Five firefighters were treated at the scene for heat exhaustion, dehydration and smoke inhalation.

The Klein Fire Department did not have information about whether any fire-detection systems were in place in the building Monday morning.

The Spring Fire Department, Ponderosa Fire Department, Harris County ESD 17-Little York Fire Department and Northwest Volunteer Fire Department responded and deputies with Constable Mark Herman’s Office assisted at the scene, according to the Klein Fire Department.