Laungatasi Ahio, the man charged with killing Skyline College student Jared Afu, may face the death penalty.

According to the San Mateo County District Attorney’s office, on Feb. 9 the prosecution in the case presented to the court an allegation that Ahio was lying in wait for the victim, which could allow for them to push for either life without parole or the death penalty for Ahio. As of right now, the San Mateo County District Attorney’s office cannot comment on a possible outcome, but prosecutors acknowledged the new flexibility.

A special circumstance was presented to the court that Ahio was waiting for the victim, based on additional witness details from that day. This means that this new allegation could allow for the possibility of life without parole or the death penalty, District Attorney Stephen M. Wagstaffe told The Skyline View. Wagstaffe added that the prosecution will decide what punishment would be appropriate based on what other background information they find.

According to the prosecution on August 4, 2010, Jared Afu, a first-semester Skyline student interested in automotive technology, was smoking a cigarette with three other individuals near the tennis courts at Mills High School when Ahio approached him. Ahio’s reason for confronting Afu was his suspicion that the 19-year-old student was romantically involved with Ahio’s wife. Ahio proceeded to stab Afu multiple times in the head and neck with a knife before fleeing the scene.

After the attack, Millbrae police found Afu suffering from his wounds. He was later pronounced dead at the scene. Ahio’s family persuaded him to surrender to police the following day.

Catherine Afu told KTVU in an interview in 2010 that she wanted people to remember him as a good person. As of press time, Afu could not be reached to comment on the latest development in the Ahio case.

Ahio, a Millbrae resident, had been convicted months before for battery. On May 29, 2010, Millbrae police arrested Ahio on battery and false imprisonment allegations involving his girlfriend. Two months later, Ahio pleaded no contest to the battery misdemeanor and had to serve three years of probation and 104 hours of counseling.

On April 28, a preliminary hearing will be held in the murder case. Until the court makes its next decision, Ahio is being held without the possibility of bail. Ahio has pleaded not guilty of the murder of Afu.