BOSTON (CBS) – An accused killer accidentally set free was recaptured by police on Sunday.

Jean Torres Vargas, who is known as Tyson, was taken into custody by Chelsea police on Sunday on a warrant for first-degree murder. He allegedly beat 47-year-old Michael Costa at a bus stop in East Boston in 2010.

Costa later died due to complications from his injuries in December 2011.

Vargas was being held on a $2,500 bail for the assault until Costa’s death. The charge was upgraded to murder, but the I-Team later learned a clerical error in the office run by Clerk Magistrate Maura Hennigan set Vargas free.

Vargas was indicted for murder on March 14 and was set to be arraigned at Suffolk Superior Court on April 9, but never showed up. That’s when prosecutors first learned he was released on bail on March 14.

Pauline DeSilva, the victim’s cousin, expressed her disappointment about the suspect’s release.

“Justice has to be done, my cousin suffered so much,” DeSilva told WBZ-TV’s Kathy Curran last week.

Now back in custody, the 31-year-old Vargas will be arraigned in Monday in Suffolk Superior Court.