Nia Wilson
John Lee Cowell
Nia Wilson’s alleged killer could face death penalty for BART stabbings
By Megan Cassidy
SFGATE
The man accused of stabbing teen Nia Wilson to death on an Oakland BART station platform last month could be eligible for the death penalty or life in prison without parole after prosecutors filed new allegations Wednesday saying the suspect planned the attack.
John Lee Cowell, 27, is charged with murdering 18-year-old Wilson and attempting to murder her 26-year-old sister, Letifah.
Prosecutors on Wednesday added a special circumstance of “lying in wait” to the charges against Cowell, which could make him eligible for capital punishment. A spokeswoman for the district attorney’s office declined to say whether prosecutors will seek the death penalty.
About two dozen of Wilson’s family members and supporters squeezed into the downtown Oakland courtroom for what was scheduled to be a plea hearing, which was pushed back to Sept. 14 upon the announcement of the new allegation.
Jonathan Davis, an attorney representing the family in a civil case, said relatives of the Wilson sisters would support a decision by the district attorney to pursue the death penalty.
After the hearing, Alameda County Public Defender Brendon Woods said he and colleagues had seen no evidence that would support the enhanced charge.
Defense attorneys had only received 54 pages of discovery to date, he said, “so there’s a lot more evidence that we need to get that hasn’t been provided to us.”
A judge will decide whether to allow the special circumstance at a preliminary hearing.
“I’ve got to say I’m deeply concerned that they are now seeking death, possibly, against someone who’s got severe, severe mental illness,” Woods said.
Prior to the new allegations, Cowell faced a potential life sentence if found guilty of any of the charges he faces. His prior criminal history could lead to an additional 25-to-life sentence under California’s three-strikes law.
BART police have not established a motive for the attack on the Wilson sisters, saying it appeared to be random. Police obtained video showing Cowell stabbing both victims in their throats before fleeing the station platform, prosecutors said.
Nia Wilson was pronounced dead at the scene.
Cowell allegedly ditched a backpack and his sweatshirt in the station’s parking structure as he fled. Investigators later recovered the backpack and “several items with a name and date of birth,” police said.
Nearly 21 hours after the attack, a bystander called police after recognizing Cowell on an Antioch-bound BART train. Police arrested him without incident at the Pleasant Hill station.
Nia Wilson’s family and many others in the Oakland community have questioned whether the slaying was racially motivated. Cowell is white and the Wilson sisters are black.
Woods pushed back on this narrative after Wednesday’s hearing.
“That’s just not the case,” the public defender said of the implied racial motivation. “There’s been no evidence whatsoever, based on law enforcement, that this crime was generated by race.”
https://www.sfgate.com/crime/article...p?t=6219d24c79
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