A Concord man charged with murder for the fatal stabbing of 18-year-old Nia Wilson at the MacArthur BART station in Oakland in 2018 said Wednesday that “I was insane at the time” of the stabbing.
John Lee Cowell, 29, made that comment at a brief hearing at which he pleaded not guilty by reason of insanity for a second time for technical legal reasons.
Responding to Cowell’s remark, Alameda County Superior Court Judge James Cramer said, “You just said you were insane.”
The exchange between Cowell and Cramer came when the judge was making sure that Cowell understands the process that occurs after he pleads not guilty by reason of insanity and his case goes to trial.
Cramer explained that first there’s a criminal phase and if Cowell is found guilty, there will be a sanity phase at which the defense must prove by a preponderance of the evidence that he was insane at the time of the killing.
Cowell, who was shackled and wore a red jail uniform, said he understands the process.
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.
Cowell also is charged with a special circumstance allegation that he killed Wilson while lying in wait, a charge that would result in life in prison without parole or the death penalty if he’s convicted.
Cowell’s attorney Christina Moore entered a not guilty by reason of insanity plea on Cowell’s behalf at a hearing on Nov. 22.
But Moore said Wednesday that she wanted Cowell to personally enter that plea so the record is clear that it’s Cowell’s decision to enter the plea.
When Cramer asked Moore if she concurs with Cowell’s decision to enter the plea, Moore paused and said, “I have doubts” but didn’t explain what they were.
On Monday, Cowell’s trial was assigned to Alameda County Superior Court Judge Allan Hymer, a veteran judge who’s an expert on mental health legal issues.
A panel of potential jurors will be brought to Hymer’s courtroom on Jan. 15, but two days before that Hymer will hold a hearing on a motion Moore filed asking that Cowell’s trial be moved out of Alameda County.
Moore says she doesn’t think Cowell can get a fair trial locally due to the pervasive publicity his case has received.
On the afternoon of Jan. 15, Cramer will hold a hearing to receive a new report on Cowell’s mental competency that’s being done by psychiatrist Jason Roof of University of California at Davis.
Cramer told Cowell at Wednesday’s hearing to cooperate with Roof when the psychiatrist meets with him at Santa Rita Jail in Dublin.
Cowell’s trial could be suspended if Roof indicates in his report that he thinks Cowell is mentally incompetent.
Cramer previously suspended the criminal proceedings against Cowell on Dec. 27, 2018, saying there was “substantial evidence” that he was mentally incompetent to stand trial.
But at a hearing last July 17, Cramer reinstated the criminal proceedings against Cowell, based in part on a new doctor’s report that found that Cowell was competent to stand trial.
Makes no difference, California won’t fry him as he deserves anyway. Put him in the hole forever!!!!
I remember her family told the media & the media ran their narrative that it was a Hate Crime and that he was a member of a White Supremacy group.
Blaming the “White Males”…. then it turned out he was a transient loner traveling the rails from city to city & had been held on 5150 (mentally ill) 22 times.
With the hate symbol carved in his head who us also a habitual fare evades and stabbed someone else prior to Nita.
Oh yes, I was insane back then, but I’m fine now.
give him a fair trial, then execute him
riiiight….
not insane anymore now, I am sure
Crazy my ass. Look at his priors (from Wiki)
Suspect:
27 year-old John Cowell[10] has been described as a 5 feet, 8 inch tall white man.[11] Cowell was raised in Concord, California where he lived on and off for years.[12] Cowell’s earliest brush with the law came when he was arrested for allegedly beating up a man and the man’s daughter when he was 18.[13][14]
Four days before the stabbing, Cowell was confronted for not paying his BART fare.[15][16] In 2016, Cowell had been found guilty of second degree robbery after he pulled a knife and a fake gun on a Lucky Store at El Cerrito Plaza after a security guard confronted him over stealing; he was arrested at El Cerrito BART Station, and was sentenced to two years in federal prison.[17] Cowell had been released on parole in May 2018.
Also in 2016 Cowell was arrested for petty theft, illegal possession of tear gas, possession of an illegal smoking device and drug possession, but these charges were dismissed due to the robbery conviction. In 2016, Kaiser Permanente Richmond Medical Center filed a restraining order[18] against Cowell for threatening to kill one of their employees. Also, in 2015 Cowell’s family filed a restraining order against him after he allegedly tried to enter their home while under the influence of drugs. Later that same year, Cowell was arrested for possession of a controlled substance after he was found high on methamphetamine and was sentenced to 90 days in jail.[19]
In 2013, Cowell was convicted of battery in Walnut Creek. In 2009, Cowell was arrested and charged with felony assault, for beating 51-year-old Shane Glick, and punching Glick’s daughter after they confronted him about a recent burglary. Also, in both Alameda and Contra Costa counties, Cowell’s arrest record lists charges of assault with a deadly weapon, possession of a controlled substance, vandalism and petty theft.[20]
He was arrested on July 23, 2018.[21][22] Cowell was homeless before the attack.[23]
Guilty!
Insane in the membrane
Completely competent.
Thanks for taking down his picture. Really disgusting to look at.
Let him have his last meal at the Olive Garden, then Boil Him in a pot with Corn Snakes.
We’ll see if Alameda County has the wherewithal to convict a cold blooded murderer, and not bail out like the clowns in SF who let Kate Steinle’s murderer off.
Insane or not, doesn’t matter. He laid in wait and killed a complete stranger. He is and always will be a danger to society and should never walk free again. In my opinion, it’s people like this that are perfect candidates for the death penalty, He’s guilty, we know he’s guilty. He should be put to death within a month of the conclusion of the trial with no appeals. But since the death penalty is off the table, so be it but but him in a cell and keep him there for the rest of his life.
Hope the Judge throws the book at him then says sorry I was insane at the moment live with it. 😉
Salty here..
100% agreement with TOB. Lock him up and throw away the key.
Animal behavior..
Salty out.!!!
Nita was headed to the military before this happened after graduating with honors. I blame BART for this.