27-year-old Facundo Chavez, accused of shooting at a sheriff's deputy from west Texas, faces a new charge.
Magistrate Judge Penny Hamilton of El Paso said Monday that Chavez had been relocated for murder. He was initially charged with attempted murder.
The El Paso County Sheriff's Office confirmed Sunday that 35-year-old MP Peter Herrera had died after being shot in a roadside check on Friday.
Authorities say a man aboard a vehicle, Herrera, stopped 15 shots at the MP.
Herrera's widow said on Facebook that her condition worsened on Saturday.
Authorities say this is the first time a member of El Paso has been shot dead since 1940.
