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Thread: John Lee Cowell Sentenced in 2018 CA Slaying of 18-year-old Nia Wilson

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    John Lee Cowell Sentenced in 2018 CA Slaying of 18-year-old Nia Wilson


    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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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Man in California subway stabbing eligible for death penalty

    OAKLAND, Calif. (AP) — Prosecutors on Wednesday added charges that could qualify a man for the death penalty if he's convicted of stabbing 18-year-old Nia Wilson to death at a train station in Northern California.

    Alameda County prosecutors added the special-circumstances enhancement of "lying in wait" to the charges against John Cowell, who didn't enter a plea during a court hearing, the East Bay Times reported .

    Cowell, 27, is charged with murder in the fatal stabbing of Wilson last month as she changed trains at a subway station in Oakland as well as attempted murder in the attack that also wounded Wilson's sister.

    Alameda County District Attorney Nancy O'Malley said authorities are still investigating whether Cowell was motivated by racial hate in the attack. The women are black, and he is white.

    O'Malley said last month after Cowell appeared in court for the first time that there hasn't been any evidence of a hate crime but that such a charge could be filed if investigators find any proof of that as a motive.

    Alameda County Public Defender Brendon Woods, who is Cowell's attorney, said he doesn't agree with the added special-circumstance allegations and that there is no evidence the crime was fueled by racism.

    "I'm deeply concerned that they're now seeking death, possibly for someone that has severe, severe mental illness," Woods said.

    "What we have here is someone who was released by a state hospital just 75 days before this incident," Woods added. "He suffers from severe mental illness, and that's why we're here today."

    Whether or not prosecutors decide to seek the death penalty will occur after a hearing in which a judge will determine if Cowell should be held on his charges. A date for that hearing has not yet been set.

    California hasn't executed anyone since 2006 and has the nation's largest death row with nearly 750 inmates.

    https://santamariatimes.com/news/loc...e20b6319d.html
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    Nia Wilson's Killer Gets Upgraded Charge, Could Face Death Penalty

    By Anne Branigin
    The Root

    The 27-year-old white man who stabbed and killed 18-year-old Nia Wilson at a BART train stop in Oakland, Calif., in July will likely not get hit with hate crime charges—but may still get the death penalty.

    On Wednesday, the Alameda County District Attorney’s Office hit John Lee Cowell with a special circumstance charge of “lying in wait.” The charge qualifies Cowell, a convicted felon with a violent record, for the death penalty, the East Bay Times reports.

    The “lying in wait” charge can be applied to a crime where a suspect watches a victim immediately before a deadly attack on that person. As the Times writes, “the particular level of planning is considered greater than premeditation and combines with physically waiting.”

    Cowell has already been charged with Nia’s murder, as well as the attempted murder of her sister and use of a deadly weapon.

    Prosecutors didn’t explain why they added the special circumstance charge, nor did they make clear whether they would seek the death penalty if Cowell is convicted. If they do so, the Times writes, it would be only the second time since 2009 that Alameda’s district attorney pursued the death penalty.

    Some suspect the enhanced charge is to compensate for the lack of hate crime charges brought against Cowell. Since the brutal stabbing on July 22, many have believed Cowell’s targeting of the Wilson sisters to have been racially motivated. However, while Cowell’s criminal history is extensive, law enforcement says they’ve found no record of Cowell belonging to a white supremacist group.

    As the Washington Post reports, some—including Oakland’s mayor, Libby Schaaf—have called on police to investigate Cowell’s time in federal prison to see if he has any connections to white supremacist gangs, like the Aryan Brotherhood.

    Spurred by the case, the Post reports that Oakland’s white elected leaders—Schaaf included—are “considering changing the legal definition of a racially motivated killing, lowering the threshold of evidence needed to bring such charges.”

    As Schaaf, an Oakland native, told the Post:

    “It raises the question about our legal system and how we apply the rules of evidence.

    It may be time to recognize that if there is no explicit racial bias, but there is implicit racial bias, then maybe the burden of proof should shift to the defense.”
    While Cowell’s attorney is claiming his client suffers from “severe mental illness” and that his attack was not racially motivated, Wilson’s family has taken its first steps in filing legal action against BART for not protecting Nia and Letifah Wilson.

    According to the Daily Californian, the Wilson family filed the claim against the transit agency on Aug. 16, alleging that BART “failed to meet its duty as a common carrier” to protect its passengers. The suit says two weeks before the deadly stabbing, Cowell threatened two passengers on the train, who attempted to report the threats but found no BART personnel present.

    The suit also claims Cowell didn’t pay a fare to enter the platform on the day of the stabbings, and that enforcement of this could have prevented the attack.

    https://www.theroot.com/nia-wilsons-...dea-1828576027
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    Where is PrivateClient now??

    The 27-year-old white man who is accused of stabbing and killing 18-year-old Nia Wilson at a BART train stop in Oakland, Calif., in July will likely not get hit with hate crime charges—but may still get the death penalty.
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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Prosecutor Tacks on ‘Special Circumstance’ That Could Lead to Death Penalty for Suspect In Nia Wilson’s Death

    By Tanasia Kenney
    Atlanta Black Star

    The California man charged in the fatal stabbing of 18-year-old Nia Wilson could face the death penalty, thanks to a special circumstance charge tacked on by the Alameda County District Attorney.

    John Lee Cowell, 27, was arrested at a Bay Area BART station one day after police say he slashed Wilson’s throat at the MacArthur Station in Oakland on July 22. Cowell is charged with murdering the young woman and attempting to murder her sister, Letifah Wilson, 26, during the stabbing attack.

    Per the San Francisco Chronicle, prosecutors on Wednesday added a special circumstance of “lying in wait” to the charges against Cowell after a lawsuit brought by the family says BART failed to take action when the suspect allegedly jumped the turn-style to avoid paying the train fare. Lawyers argued the agency should have known Cowell was a danger to passengers, as two other riders had complained about his behavior just days before the deadly attack.

    The added charge could make Cowell eligible for capital punishment.

    “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,” public defender Brendon Woods said.

    Before the new allegations, Cowell faced a life sentence if convicted on any of the charges against him. BART police still haven’t determined a motive for the stabbings of Wilson and her sister, saying the attack appeared to be random.

    “What the family wants to do with this lawsuit, one of the main things, is make BART safe for everyone,” family attorney Attorney Robert Arns said at a news conference. “Nia, in her short life at age 18, she wanted to save lives … her death isn’t some horrific anomaly that occurred in two seconds that nobody could do anything about.

    “There’s a serious and endemic public safety problem on BART and just about everybody who rides BART knows that,” he added.

    The lawsuit is now pushing for BART to implement better security measures in place to keep people from sneaking onto the train without paying, FOX 2 reported. Arns and his team of lawyers are also trying to draw a connection between fare evasion and crimes committed on public transit. He said Cowell had been cited for fare evasion at least once before, adding that two people called his office after Wilson’s slaying claiming Cowell threatened them on BART days before the July 22 killing.

    “If BART stopped criminal fare evaders, Nia would be alive,” Arns said. “What is the standard for BART? That they must use the highest care to protect passengers from assault.”

    Moreover, the claim seeks to create a BART institute a program called the Nia Wilson Crime Statistics Notice, which will display crime data for the last four years at each BART station.

    If the claim moves forward, the suit will be filed in Alameda County Superior Court, according to the station.

    https://atlantablackstar.com/2018/08...wilsons-death/
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    DA mum on seeking death penalty for alleged BART station slayer

    More than four months after 18-year-old Nia Wilson was stabbed to death on an Oakland BART station platform, the case against her alleged killer has stalled as prosecutors consider whether to pursue the death penalty.

    In a packed Alameda County court Tuesday morning, Judge James Cramer continued the plea hearing of John Lee Cowell, eliciting sighs from Wilson’s family and supporters in the gallery. Tuesday’s hearing was the fourth time Cowell was scheduled to enter a plea but failed to do so.

    “I wish this process would move on,” Wilson’s father, Ansar El Muhammad, said after the hearing. “My family’s been through a lot of grief this year.”

    During the brief hearing Tuesday, Cowell’s attorney, Christina Moore, asked the judge for a three-week postponement because the district attorney’s office hadn’t decided whether to seek capital punishment for the defendant.

    Prosecutors did not address the court during the hearing, and a spokeswoman for the Alameda County district attorney’s office declined comment.

    The Alameda County public defender’s office, which is representing Cowell, has expressed concern about prosecutors seeking the death penalty, citing Cowell’s history of mental illness.

    Moore noted that Cowell had a stint in a state hospital for mentally ill inmates that ended 75 days before the alleged attack. In a court hearing in October, Moore asked for additional time to write a “mitigation letter,” which would include information about Cowell’s mental health, for the district attorney’s consideration.

    Wilson’s family members have said they would support the death penalty in this case.

    “We’ve already lived the death sentence,” El Muhammad said.

    Last month, a grand jury indicted Cowell on charges of murder and attempted murder, which allowed the case to bypass preliminary hearings and move to trial.

    On the evening of July 22, prosecutors said, Cowell stabbed Nia Wilson and her 26-year-old sister, Letifah, in the neck as they exited a train at the MacArthur BART Station. Nia Wilson died on the platform while her sister was rushed to the hospital with serious but non-fatal injuries.

    Cowell was arrested the next day at the Pleasant Hill BART Station following a tip from another passenger.

    Nia Wilson’s death garnered national attention because of accusations that the attack was a hate crime. Cowell is white and Nia Wilson was black.

    In the days after the attack, hundreds of people took to Oakland streets for marches and vigils.

    https://www.sfchronicle.com/crime/ar...T-13425979.php
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    Lawyer: Man in California train stabbing unfit for trial

    Associated Press

    OAKLAND, Calif. — A lawyer for a 28-year-old transient charged with stabbing to death 18-year-old Nia Wilson on a commuter train platform says her client is not mentally fit to stand trial.

    Lawyer Christina Moore on Thursday told a judge that John Lee Cowell suffers from severe delusions and paranoia. She said he was released from a maximum security facility for mentally ill convicts less than three months before Wilson and her 26-year-old sister were attacked while changing trains on July 22 on a Bay Area Rapid Transit platform. Wilson’s sister recovered.

    Prosecutors say Cowell randomly attacked the sisters. He is eligible for the death penalty if convicted.

    Cowell didn’t enter a plea Thursday and was ordered to return to court Dec. 27 to consider his lawyer’s mental competency claims.

    https://nationalpost.com/pmn/news-pm...nfit-for-trial
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Judge Suspends Proceedings Against BART Stabbing Suspect Pending Evaluation

    KPIX 5 News

    OAKLAND (CBS SF) — An Alameda County Superior Court judge Thursday suspended criminal proceedings against a transient charged with murder for the fatal stabbing of 18-year-old Nia Wilson at the MacArthur BART station in July, saying he finds there is “substantial evidence” the man is mentally incompetent to stand trial.

    After making that ruling, Judge James Cramer said he will appoint two psychiatrists to examine John Lee Cowell, 28, and submit reports on their findings about Cowell’s competence when he returns to court on Feb. 13.

    Cramer made his ruling after defense attorney Christina Moore said that in her most recent attempt to talk to Cowell about his case, he suffered from “delusions outside of what is normal” and said things “that don’t conform to reality.”

    Moore said Cowell was treated for mental illness at two state mental institutions between 2012 and earlier this year and has been placed on psychiatric holds 22 times, including three times in the month before he allegedly stabbed Wilson and her sister Letifah Wilson, 26, at the MacArthur station at 9:36 p.m. on July 22.

    Alameda County prosecutor L.D. Louis, who specializes in mental health cases, told Cramer that the defense should be required to provide more specific information on Cowell’s mental health before a ruling was made on his mental competency to stand trial.

    “It would be helpful if there were a factual basis” for a ruling on Cowell’s competency, Louis said.

    But Cramer said the fact that Cowell was in a state mental institution for five months at the beginning of this year and was placed on psychiatric holds three times before the stabbing incident convinces him that Cowell isn’t mentally competent at this time because he can’t rationally assist his lawyer.

    Wilson’s father Ansar Muhammad said outside of court that Cramer’s ruling that Cowell is incompetent to stand trial at this time “is something we anticipated.”

    But Muhammad said he thinks Cowell “is pretty competent” because after he allegedly stabbed Wilson and her sister, he had the wherewithal to flee from the scene and change his clothes to try to avoid being arrested.

    Cowell is charged with murder and attempted murder for allegedly stabbing Wilson and her sister as well as a special circumstance allegation that he killed Wilson while lying in wait, an allegation that could result in the death penalty or life in prison without parole if he’s convicted.

    Prosecutors haven’t yet decided if they will seek the death penalty for Cowell and that decision is now on hold until his mental competency is determined.

    If the two psychiatrists agree that Cowell is incompetent to stand trial, he would be placed in a state mental institution to get treatment aimed at restoring his competence.

    If that happens, he could still stand trial at a later date.

    Muhammad said, “I want justice for my daughters” but said the question of whether Cowell should get the death penalty “is up to the creator.”

    Wilson’s mother Alicia Grayson adamantly said she thinks Cowell should get the death penalty.

    Grayson said Cowell looked competent in court during an appearance on December 20th and at one point spoke to his lawyer.

    “He knows how to behave himself. If he was crazy, he wouldn’t know how to behave himself,” Grayson told KPIX 5.

    https://sanfrancisco.cbslocal.com/20...o-stand-trial/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    District Attorney Will Not Seek Death Penalty for Man Accused of Fatally Stabbing Nia Wilson at BART Station

    By NBC Bay Area News Staff

    The Alameda County District Attorney on Monday said it will not seek the death penalty against a man accused of fatally stabbing 18-year-old Nia Wilson at the MacArthur BART station in Oakland.

    John Lee Cowell is charged with murder and attempted murder for allegedly stabbing Wilson and her sister, 26-year-old Letifah Wilson, on the platform at the MacArthur station at 9:36 p.m. on July 22, 2018.

    He's also charged with a special circumstance allegation that he killed Wilson while lying in wait. Cowell is being held at Santa Rita Jail in Dublin without bail.

    A judge ruled this past July that Cowell is mentally competent to stand trial.

    The trial is set for January 6.

    https://www.nbcbayarea.com/news/loca...554351931.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
    Carlos
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    Is there any future for the death penalty in California do you think?

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