TAMPA, Fla. (WFLA) — After being denied bond and ordered to remain in jail last month, Gerald Radford and his lawyers were back in court Thursday morning for another pretrial hearing, asking Radford to be released on bond.

“I believe the court is in the unenviable position of finding that a colleague didn’t follow the statute in terms of the findings that were made at the hearing,” said defense attorney Matthew Futch.

Radford is accused of shooting and killing Walt Lay at the West Dog Park in the Egypt Lake-Leto area in early February. But the state attorney’s office said nothing new has been presented to warrant Thursday’s pretrial hearing.

“The defense doesn’t meet their burden, there’s nothing to reconsider,” said Assistant State Attorney Justin Diaz. “This isn’t an appeal and it isn’t the proper venue for an appeal, so I don’t feel like we should go any further.”

In the end, the judge decided they will effectively continue the hearing for a future date.

“But I am going to allow him a second opportunity to have a hearing,” said Judge Barbara Twine Thomas.

Walt Lay’s friend Kimatha Wolfley said she was glad Radford is staying behind bars.

“Somebody shouldn’t be killed because of their sexual orientation or differing views,” said Wolfley. “Walt didn’t deserve to die like that.”

Radford is charged with second-degree murder with the enhancement of a hate crime. There is no date yet for his next pretrial hearing.