OAKLAND — The man accused of fatally stabbing 18-year-old Nia Wilson to death on a BART station platform, sparking a social media storm that injected race relations into the attack, has been indicted by a criminal grand jury.
The stabbing also became a flash point in local public outcry against the dangers of taking BART, where a rash of attacks left many would-be riders wary and prompted the transit agency to beef up security patrols for a few weeks.
As a result of the grand jury’s action, John Lee Cowell likely will be tried on murder charges at least a year sooner than if he was eventually bound over following a preliminary hearing.
The stabbing at BART’s MacArthur station in Oakland on July 22 marked the second homicide on the transit system in two days and the third death in five days. That was one of the most violent stretches in BART’s recent history.
Authorities said Cowell slashed Wilson’s throat, then wiped and dumped the weapon in a construction yard near the station. At the time, BART Police Chief Carlos Rojas called the brazen assault “one of the most vicious attacks I’ve ever seen.”
Alameda County District Attorney Nancy O’Malley later added the additional special circumstance of “lying in wait,” which could make Cowell eligible for the death penalty.
On Oct. 9, the grand jury indicted Cowell on charges of murder and attempted murder, with the special circumstance of lying in wait. The convening of a criminal grand jury is an uncommon practice, typically reserved for serious felonies.
Grand jury proceedings are held in secret, with the defendant not present and his attorneys not informed of the results until after the fact. Only the prosecution is allowed to present evidence to the grand jury, and there is no cross-examination. The transcript of the proceedings are sealed.
In the more common preliminary hearing process, a judge determines whether there is enough evidence to try a defendant’s charges before a 12-person jury. Without a preliminary hearing, the case could be sped up by about 18 months or more, prosecutor Butch Ford said Tuesday.
“It was about efficiency, particularly for the family,” Ford said. “That’s why ultimately O’Malley decided this was the appropriate course for this case,” he said.
O’Malley made a rare appearance at Cowell’s initial court arraignment in July.
“The crime is ruthless, a huge overwhelming tragedy for the family,” O’Malley said then. “My heart is broken for them.”
The day after Wilson’s death, thousands of people took to the streets of Oakland following a vigil to call for justice. Some celebrities used social media to decry the shocking crime, including actress Anne Hathaway, who called out white privilege.
Although Wilson’s death raised questions nationwide about whether the attack was hate- or racist-fueled — Cowell is white and Wilson was black — O’Malley said no evidence had yet surfaced to indicate the attack was spurred by racial hate. Such a charge could be filed later if that turns out to be the case, she added.
Public Defender Brendon Woods, who previously appeared at Cowell’s court hearings but did not attend Tuesday morning, also said the public narrative that this case was fueled by race was not true.
“What we have here is someone who was released by a state hospital just 75 days before this incident,” Woods said in August. “He suffers from severe mental illness, and that’s why we’re here today.”
Typically, O’Malley makes a decision about whether to seek the death penalty after the preliminary hearing. Because there will not be a preliminary hearing, it’s not known when her office will decide. However, deputy public defender Christina Moore is allowed to submit a mitigation letter to the district attorney and her committee to consider other factors of Cowell’s life before arriving at a decision.
“The mitigation letter that goes to the District Attorney’s Office is intended to provide more information about Mr. Cowell’s mental illness,” Moore said in a statement.
She said they are fortunate to have such a committee in Alameda County that considers information from the defense.
O’Malley has sought the death penalty in only two other cases since becoming Alameda County’s top prosecutor in 2009. In the most recent case, Mark Estrada, who is accused of killing Hayward police Sgt. Scott Lunger in 2015, awaits trial.
Cowell had a long criminal history that dates back to when he was a teen. Court records and interviews paint Cowell as a drug-using, quick-tempered man with a trail of restraining orders and criminal charges. Most of his crimes occurred in 2016 but date back to 2009, the year of his 18th birthday. Past allegations include shooting into a dwelling and felony assaults using weapons including knives.
Cowell has not yet entered a plea, and will appear in court again Nov. 27.