Judge Denies Request To Put Elton Bandoo Back Behind Bars

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MIAMI (CBSMiami) -- A circuit court hearing before Judge Miguel De La O centered around a jailhouse snitch but he was never allowed to testify in the hearing.

With just a few words, Judge de la O denied the prosecution's bond revocation motion and re-confirmed that accused attempted cop killer Elton Bandoo will remain on house arrest instead of locked up.

Bandoo is awaiting trial for shooting North Miami Beach police officer Lino Diaz as Diaz and several other officers entered his home, serving a warrant.

Bandoo's attorney Seth LaVey says his client shot the officer without realizing he was a cop.

"He had no idea this was the police- he was being woken up at 6AM with flash grenades, he thought he was being robbed," LaVey told CBS4's Natalia Zea.

Prosecutors called for Bandoo's bond to be revoked after speaking to a jailhouse informant, who claims Bandoo told him he would hire a hitman to kill Officer Diaz. Diaz has been back on the job, on edge.

"It's not easy- I just have to be more aware of my surroundings and go out there and do my job," he told Zea.

The jailhouse snitch also told prosecutors Bandoo told him he looked out his window and saw police coming into the home when he decided to fire...hitting Diaz twice.

But the informant's testimony was not considered during this hearing...because prosecutors knew about it before the original bond hearing that allowed Bandoo to be released in the first place back in April. But they never brought it up to the court.

Judge De La O cited previous case law, "Evidence that was available to the state at the time of first appearance does not qualify as new information and therefore does not justify the subsequent revocation of bond."

Officer Diaz is frustrated by the decision to keep Bandoo out of jail.

"It's just the nature of the type of crime. Attempted Murder on a Law Enforcement Officer and being able to bond out for that, it just seems it sends the wrong message," said  Diaz.

Prosecutors plan to appeal the judges decision and LaVey says he's ready to address that appeal and is preparing for trial.