Jasen Coley – who is accused of fatally shooting 25-year-old Kenneth “Michael” Davis in front of his home on July 3 – was accused of lying in wait, the special allegation that, had a jury found him guilty of committing the act, could have resulted in the death penalty or life in prison without parole Coley’s attorney, Michael Robinson, asked Judge Kaleb Cockrum to throw out the special allegation, which was added after the preliminary hearing, arguing that no evidence was presented that pointed to the special allegation.