Christopher Compton, 31, faces three murder charges and 13 counts of arson resulting in bodily injury.
Vanderburgh County Prosecutor Nick Hermann said the case qualifies for the death penalty and it is still an option, but it's not one they are considering immediately.
He said the last death penalty charge filed in the county came two weeks after the initial charges were filed.
Compton is accused of setting a fire that ultimately killed three people. Keri Jones, her 3-year-old daughter Jazmine, and Donald Lankford all died from smoke inhalation in the blaze at 29 W. Franklin St in Evansville on March 17.
According to Evansville Police, Compton admitted to setting a jacket on fire in the hallway of the apartment. Police also say a lighter was found on Compton.
He is due back in court Friday March 21.