Angel Alvarez, the man who survived a shoot out with NYPD in which officers fired 46 shots — 23 of which hit Alvarez — and left one man dead, will also be charged with three weapons charges.

The District Attorney was eyeing murder charges against Alvarez in the death of Luis Soto, but have so far declined because the witnesses who claim he fired on police first are officers who’ve yet to agree to waive immunity and testify. Alvarez would have been charged with the attempted murder of Soto, even though ballistics tests have proved that the fatal shot came from an officer’s gun. Police say that the shoot out began when Alvarez and Soto got into a scuffle and Alvarez fired at responding officers, prompting police to fire back.

The Manhattan district attorney met with the police union to arrange witness testimonial Monday and most likely their next step will be to subpoena those officers.

The New York Daily News reported this week that Alvarez’s attorney is confident that authorities can’t make an attempted murder case because his client never fired on police ."If they had those witnesses, they would have charged him," defense attorney Matthew Galluzzo reportedly said as his client was held without bail. "There is no evidence that Angel shot anyone."

Alvarez is being held without bail because of a prior conviction in which he tried to run over a cop with a car.

The investigation into police misconduct is ongoing.