OAKLAND (CBS SF) — The man accused of fatally stabbing a young woman at BART’s MacArthur station did not enter a plea during a brief court appearance Friday.

28-year-old John Lee Cowell is charged with murder and attempted murder for allegedly stabbing 18-year-old Nia Wilson and her sister, 26-year-old Letifah Wilson, in July of last year. Cowell also faces a special circumstance allegation that he attacked Wilson while lying in wait, an allegation that could result in the death penalty or life in prison without parole if he’s convicted.

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Last month, Alameda County Superior Court Judge James Cramer found Cowell mentally fit to stand trial, based in part on a recent doctor’s report.

Cowell is being held at Santa Rita Jail in Dublin without bail.

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Although Governor Newsom issued a temporary ban on capital punishment back in March, prosecutors have not ruled out the death penalty.

On August 22, 2018, the family filed a public entity claim against BART. The lawsuit was filed after BART failed to respond to the family’s public entity claim.

In the lawsuit, “plaintiffs contend that — had BART taken adequate measures to prevent fare evaders from entering BART’s stations, platforms or trains — Nia Wilson would not have died.”

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Cowell’s next court appearance is scheduled for August 19th.