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Dimitrios Pagourtzis, the Santa Fe High School student accused of killing 10 people in a May 18 shooting at the high school, is escorted by Galveston County Sheriff's Office deputies into the jury assembly room for a change of venue hearing at the Galveston County Courthouse in Galveston, Texas on Feb. 25, 2019.Jennifer Reynolds/The Associated Press

An attorney for an 18-year-old accused of fatally shooting 10 people at a Texas high school says federal prosecutors plan to file charges against the former student after they had previously indicated they would not.

Attorney Nick Poehl says Dimitrios Pagourtzis was taken into federal custody Monday and was set to appear in federal court in Galveston at 1 p.m.

Poehl says he doesn’t know what federal charges were filed.

Pagourtzis has been charged with capital murder in state court for the May 18, 2018 shooting at Santa Fe High School in Galveston County.

Last month, the U.S. Attorney’s Office for the Southern District of Texas said no federal charges would likely be filed.

A spokeswoman for the U.S. Attorney’s Office didn’t immediately return an email seeking comment.

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