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.
The magistrate decided that if he makes bond, he will not be allowed back near the Spring-area apartments where the fire happened or be allowed to have a lighter or matches.
ORIGINAL REPORT: Man charged with felony murder after setting apartment fire, leaving 1 dead, 13 hurt, HCSO says
The deadly fire happened at the Cypresswood Apartments on Cypresswood near Kuykendahl. Officials say it started around 1:30 a.m. on Monday.
The fire destroyed one building, leaving about 25 people without their homes.
According to the Harris County Sheriff's Office, their investigation revealed that Atwater allegedly had a fight with his family earlier in the evening and that he then set the fire out of anger.
Not only was his 40-year-old brother killed, but more than a dozen other people were also hurt, including a 3-year-old boy who lived in the apartment building. The sheriff's office says the boy sustained extensive burn injuries.
The sheriff's office says its investigation is ongoing and that more charges are possible.