HARRIS COUNTY, Texas (KTRK) -- Thirty-eight-year-old Matthew Atwater is charged with felony murder, accused of intentionally starting an apartment fire that killed his own brother, seriously injured his mom and others, and left more than two dozen people without their homes.

On Tuesday morning, Atwater did not appear in probable cause court due to mental health concerns.

The magistrate judge referred the decision of his bond to the trial court judge.