Death-Penalty Decision Delayed In Fatal BART Stabbing

OAKLAND, CA –Alameda County prosecutors today postponed for three weeks a decision on whether to seek the death penalty for a mentally troubled transient accused of the fatal stabbing of 18-year-old Nia Wilson at the MacArthur BART station in July.

John Lee Cowell, 28, was charged with murder and attempted murder for the stabbing death of Wilson and the stabbing of Letifah Wilson, her 26-year-old sister, at the MacArthur station at 9:36 p.m. on July 22.

A month later, prosecutors added a special circumstance allegation that Cowell 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.

In an effort to expedite the case against Cowell and eliminate the need for a preliminary hearing, prosecutors obtained a grand jury indictment against him on identical charges in October.

Cowell was scheduled to enter a plea, but his plea entry was postponed until Dec. 20 because prosecutors haven't yet decided whether to seek the death penalty against him.

Although Cowell's case is moving along faster than any other murder case in Alameda County, Wilson's father Ansar El Muhammad complained after Cowell's brief hearing that "the process is going too slow."

"It's very frustrating. It's been a difficult year because I lost both of my older sisters in addition to my beautiful daughter," Muhammad said.

Wilson's mother Alicia Grayson said she "definitely" thinks Cowell should get the death penalty.

"100 percent...1,000 percent," Grayson said.

Assistant District Attorney Butch Ford said after Cowell's previous court appearance in October that his office made the decision to seek an indictment for Cowell was "about efficiency for Nia's family."

Ford estimated that having a grand jury indictment will expedite the case by 18 to 24 months.

Cowell's defense lawyer Christina Moore said she has submitted a mitigation letter to prosecutors urging them not to seek the death penalty for Cowell because he has "severe and well-documented mental illness."

Moore said Cowell was released from the Atascadero State Hospital, an all-male, maximum-security facility that houses mentally ill convicts who have been committed to psychiatric facilities, only 75 days before Wilson was killed.

PREVIOUS COVERAGE:

• Nia Wilson's Accused Killer Could Get Death Penalty
• Woman Murdered At BART Station Identified

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