HARRIS COUNTY, Texas – A judge has ordered Matthew Atwater held without bond in the case involving an apartment fire that killed his brother and injured multiple other people at the Cypresswood Apartments.
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Atwater is charged with felony murder, with arson listed as the underlying offense, after investigators say a fire broke out around 1:30 a.m. Sunday at the complex at 4607 Cypresswood Drive. His brother, 40-year-old Andrew Atwater, was taken to the hospital and later died. Investigators have said 13 people were injured, including a 3-year-old boy who suffered severe burns.
During Wednesday’s hearing, the judge issued a no-bond order for Atwater, citing concerns about community safety. The judge also set a bond hearing in two weeks.
The judge pressed Atwater’s attorney on what the defense would be, and the attorney said they are still gathering more information. The judge also suggested Atwater’s attorney arrange for a mental evaluation.
In court, the prosecutor said Atwater gave conflicting statements to investigators about what happened before the fire. Neighbors also told investigators they heard arguing and breaking glass shortly before the building went up in flames, prosecutors said.
According to the prosecutor, Atwater initially told investigators at the scene he was cooking chicken, got upset, and threw a gas can against the wall, which he claimed prompted the fire.
Later, homicide detectives interviewed him again and he reportedly told a different version: that he was cooking chicken, got upset with his brother, grabbed a can of oil and threw it at the wall. Prosecutors said Atwater then admitted he used liquid kerosene, poured it over the floor and furniture, and used a lighter to start the fire.
Prosecutors said that as the fire started, Atwater took some personal items and then went outside the apartment.
KPRC 2 obtained surveillance video that appears to show Atwater walking around the complex shortly before the fire erupted. Investigators have said additional charges could be possible as the case continues.