Alvin Merring was arrested Friday afternoon, just seconds after being released from Bay Medical Center.
He has been recovering from self-inflicted gun shot wounds to his head, and is noticeably weak.
Major David Humphreys of the Panama City Beach Police Department said Friday, "Upon his release, officers will charge him with an open count of murder, and he will be transported to the Bay County Jail where he'll be lodged pending trial."
On September 26th, authorities say Merring shot his ex-wife's new husband, Richard Medieros three times, killing him inside Finn’s Sandbar and Grill, where Medieros worked as a cook.
Merring then turned the gun on himself, but survived.
He is been under constant surveillance at the hospital until Friday.
"We've been in constant contact with the state attorney's office and they will be taking the case before a grand jury probably sometime next week. The grand jury will then decide what degree of murder will be appropriate."
However, Humphreys says right now, the most important thing, is that our streets are safer. "The main thing is somebody that is an obvious threat to society is removed from society. Now it's up to the court system to take over and to do their job, and we'll see it to a successful ending from there," he says.
Humphreys says he has a large amount of evidence that indicates Merring will more than likely face first degree murder charges.