The man accused of viciously killing Nia Wilson at a BART station last month could face the death penalty after a special circumstance count of “lying in wait” was added Wednesday to murder and other charges against him.

John Lee Cowell, 27, a felon with a long criminal history of violence, was considered “armed and dangerous” by police during the almost 24 hours before his arrest July 23. He appeared in court Wednesday for the second time since his arrest but did not enter a plea.

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The particular level of planning is considered greater than premeditation and combines with physically waiting, said Stanford University law professor George Fisher. If too much time passes between the waiting and watching period and the actual murder, then a lying in wait charge may not qualify.