The U.S. Department of Justice is upgrading charges for the Afghan man suspected of shooting and killing a National Guard member and wounding another to first degree murder, U.S. Attorney for Washington, D.C. Jeanine Pirro said on Friday.

The comments were made on Fox News’ “Fox and Friends” program.

Pirro said a day earlier that the suspect would face three counts of assault with intent to kill while armed and three counts of possession of a firearm during a crime of violence.

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(Reporting by Jasper Ward and Bhargav Acharya; Editing by Andrew Heavens)

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