HAYS COUNTY, Texas (KXAN) — Jacobe Ferguson, a man facing arson charges in a deadly 2018 fire in San Marcos, was allowed to be released from jail on bond, according to the Hays County District Attorney’s Office.

“The case is not dismissed or declined, but is pending further investigation,” wrote a spokesperson for the Hays County District Attorney’s Office. “Since Mr. Ferguson will be, or has been, released, no further time constraints are presented. Texas law does not have a statute of limitations on the charge of murder.”

KXAN has reached out to Ferguson’s attorney for comment and will update this story if we hear back.

Five people died, and several others were badly hurt in a fire at the Iconic Village apartments at 222 Ramsay St. in July 2018.

In December 2018, the ATF Fire Research Laboratory confirmed the fire to be arson and said the cause was “human intervention by the application of a competent ignition source to available combustible material,” namely, a discarded mattress near the apartment, an affidavit said.

In July 2023, investigators say they got new information from witnesses that led them to Ferguson’s arrest. He was charged with arson causing serious injury, a first-degree felony.