FORT LAUDERDALE, Fla. -

The Broward State Attorney's Office was in court Monday attempting to have bond revoked for one of the three men arrested in connection with the killing of Miami Subs founder Gus Boulis. 

Anthony "Big Tony" Moscatiello is the only one of the three not in custody. He is free on $500,000 bond. He currently lives in Miami and has permission to travel outside Florida for family functions in New York. 

Moscatiello, Anthony "Little Tony" Ferrari and James "Pudgy" Fiorillo were arrested in 2005. 

Additionally, Ferrari was in court attempting to be released, but Broward Circuit Judge Ilona Holmes denied his request.

Last week, Local 10 revealed that Fiorillo struck a deal with the prosecution and will now testify against the other suspects in the upcoming trial. Fiorillo is now in protective custody, and he is expected to appear in court Tuesday on behalf of the state as it continues to seek the revocation of Moscatiello's bond.

Boulis was gunned down Feb. 6, 2001, after leaving a meeting at his office in Fort Lauderdale. He was ambushed as he left his office and blocked in by one driver along Miami Road, as another pulled up next to him and opened fire. Boulis was hit three times. In what is believed to be an attempt to drive himself to nearby Broward General Medical Center, Boulis was able to drive a few blocks before crashing into a tree. He died soon after.

The state made it clear in court Monday that it is going after the death penalty.