An accused murderer may face a more serious charge if he doesn’t agree to a plea bargain.

Christopher Malaga appeared in Island County Superior Court last week for an omnibus hearing. The 24-year-old man is accused of shooting and killing Oak Harbor resident Adam Garcia last October.

Malaga was charged last year with second-degree murder.

Island County Prosecutor Greg Banks advised Malaga and his attorney, Jennifer Bouwens, that he will amend the charge to first-degree murder and might add additional charges if the case isn’t settled by the end of the month.

Banks said he proposed a plea bargain but never got a response. The proposal sunsets at the end of August.

Bouwens did not return a call for comment.

The trial is set for Oct. 20.

A first-degree murder charge would increase the sentencing range if Malaga is convicted, but it wouldn’t become a death-penalty-eligible case, according to Banks.

During an interview last fall, Banks said that police originally thought the shooting was a drug deal gone wrong but further investigation revealed it may have been something more personal.

Malaga had been “couch surfing” at Garcia’s home prior to the Oct. 18 shooting, but they got into an argument and Garcia evicted him.

Malaga went to stay at a teenager’s home in Oak Harbor.

Garcia allegedly asked that teenager to buy some cocaine for a friend and they decided to meet at the corner of Southwest Castillian and Fairhaven drives at around 3 a.m., according to the report by Detective Jim Hoagland with the Oak Harbor Police.

The teenager brought Malaga along; Garcia also brought his friend who wanted the cocaine, the report states.

The teenager later told police that Malaga stepped in and confronted Garcia after the drug transaction. Malaga accused Garcia of trying to “jack” him and pointed a gun at him, the report states.

Garcia wasn’t cowed, but came up to Malaga as he was pointing the gun. Garcia’s friend got in the middle of the two. His friend later told police that Garcia went back toward Malaga again and Malaga shot him in the face, the report states.

A team of law enforcement officials, including the U.S Marshal’s Office, arrested Malaga in Bellingham.