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Michael Kennedy, left, is charged with murder in the death of his ex-girlfriend Deborah Prater.

JEFFERSON COUNTY, Alabama - A Jefferson County man accused of dousing his ex-girlfriend with gasoline and setting her on fire used a cigarette to ignite the blaze, according to court documents.

The attempted murder charge against Michael Kennedy has now been upgraded to murder. He remains in the Jefferson County Jail with bond set at $250,000.

Kennedy, 48, is charged in the death of his former girlfriend, 49-year-old Deborah Diane Prater. The attack happened early Sunday morning, and Prater died at UAB Hospital early Tuesday.

According to an arrest affidavit in the case, Kennedy poured gasoline on Prater and then threw a lit cigarette on her. Prater sustained burns over 35 percent of her body, the most serious to her face, chest and arms.

Her daughter witnessed the attack, court records show.

Jefferson County sheriff's deputies were dispatched just after 2:30 a.m. Sunday to a report of a house fire in the 4400 block of Nellie Anderson Street. When they arrived, they found Prater with extensive burns to her head, arms, upper body and legs.

Investigators learned she had been dating Kennedy for the past three years. The woman ended the relationship about a month ago. Kennedy returned to the home early Sunday and an argument erupted.

Kennedy fled in Prater's SUV. Authorities recovered the SUV Sunday night when someone flagged down an Alabama State Trooper about 6 p.m. and showed him the vehicle.

Kennedy, who has a history of mental illness, was arrested by U.S. Marshals in Midfield on Monday afternoon. Court records say he is a self-employed mechanic.

Kennedy was charged with first-degree robbery in 1995, but was found not guilty by reason of insanity. He was arrested again in 1999, and ordered to be remanded back to a mental health facility.

He also was arrested in 2007 on burglary and unlawful breaking and entering of a vehicle charges, but court records show those charges against him were dismissed. He was arrested again in 2009 on a charge of receiving stolen property but that charge, too, was dismissed.

His attorney is listed on court records as Yusuf Olufemi. Repeated efforts to reach Olufemi for comment were unsuccessful.

Prater's funeral is set for Saturday.

Alabama consistently ranks in the Top 10 nationally for domestic violence incidents and deaths. Advocates ask that anyone needing help or more information about domestic violence to call The National Domestic Violence Hotline at 1-800-799-7233. The hotline rings to local shelters including the YWCA and SafeHouse of Shelby County