SPOKANE, Wash. - We have new information on the man accused of murdering a 38-year-old woman in a drive-by shooting Sunday night on Wandermere Road in north Spokane.

Jonathan Andersen is in jail on a $1 million bond after his arrest on Monday. He'd just been released from prison a few months ago, after spending nearly a decade behind bars.

But KHQ has learned that he was arrested again in April and there's a chance he should have remained behind bars.

Jonathan Andersen appeared Tuesday on the First Degree Murder charge, but on Wednesday he appeared on gun charges stemming from an April arrest. KHQ learned, from court documents, that Andersen didn't stay in jail back in April because prosecutors missed the three day deadline to file charges.

The charges were supposed to be filed no later than April 17th, they were instead filed April 18th, so Andersen was released from jail with no bond. Of course there's no telling if Andersen would have remained in jail had the charges been filed on time, but his bond was set at $50,000.

Investigators say that on Sunday night he shot and killed 38-year-old Misty Hirsch, telling a passenger in the Ford Expedition he was driving that he thought he got her in the arm. According to the Spokane County Medical Examiner's office, Hirsch was shot in the head.

We reached out to Spokane County Prosecutor Larry Haskell for comment on the missed deadline, but have not yet heard back.