A second suspect has been charged with capital murder in the shooting death of 7-year-old Jazmine Barnes, according to the Harris County Sheriff's Office.
Larry D. Woodruffe, 24, had been in custody since Saturday on unrelated drug charges.
The capital murder charge was announced while Jazmine's funeral was still going on in northwest Houston.
Woodruffe has a long rap sheet and served time for family violence, according to HPOU President Joe Gamaldi.
"How does someone who is a documented gang member, convicted felon for domestic violence, on parole, only get 9 months in jail for being in poss of a firearm w/31 round magazine??" Gamaldi tweeted Monday.
The first suspect charged in the case, 20-year-old Eric Black, Jr., told investigators Woodruffe fired the shot that killed Jazmine. That hasn't been confirmed by HCSO.
Black told investigators it was a case of mistaken identity and they thought they were shooting at someone they had been in an argument with at a club the night before.
Black said they didn't realize it was the wrong car and didn't know they had killed a child until they saw it on the news the next day.
Jazmine, who was sitting behind the driver's seat, died after a bullet struck her in the head in the Dec. 30 drive-by shooting. Her mom, LaPorsha Washington, was shot in the arm and her 15-year-old sister was injured when the window shattered. Two other sisters in the car weren't hurt.
The case made national headlines after family members and community leaders labeled it a hate crime, saying the shooter was a white man in a red pickup.
Investigators now believe the man in the red pickup actually witnessed the shooting and sped away because he was scared.
A gun, believed to be the one used in the shooting, was found at Black's residence.