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Judge orders treatment for alleged Southport shooter to restore 'capacity' to stand trial

The Brunswick County courthouse.
Benjamin Schachtman
/
WHQR
The Brunswick County courthouse.

Suspected Southport shooter Nigel Max Edge, was found to be incapable of standing trial in Brunswick County Superior Court on Tuesday, following a two-month wait to allow for re-evaluations of his mental capacity. A judge ordered him to undergo therapy in an attempt to restore that capacity. Because of that, the state's decision on whether to pursue the death penalty has been put on hold.

On September 27 of last year, the 41-year-old allegedly opened fire on a crowd of patrons at the American Fish Company restaurant in Southport, shooting from a boat with an AR-style semi-automatic rifle, killing three and injuring several others. He then fled toward the Intracoastal Waterway before being promptly arrested by law enforcement.

Since his hearings began, Edge has been charged with three counts of first-degree murder, five counts of attempted first-degree murder, and five counts of Assault With a Deadly Weapon with Intent to Kill or Inflicting Serious Injury.

In January, a grand jury formally indicted him on these and five additional charges — two more counts of attempted murder, two counts of assault, and one count of discharging a weapon into an occupied property. Edge now faces a total of 18 felony counts.

In February, Edge appeared at a Rule 24 hearing — a mandatory pretrial proceeding prompted by cases of first-degree murder, in which the State determines whether to pursue the death penalty.

Edge, a Marine veteran born Sean DeBevoise, was shot multiple times while in combat in 2006 in Iraq — including being wounded in the head — leaving him with PTSD and a traumatic brain injury, according to records reviewed by WHQR. In the year since his medical retirement from the armed services, he has expressed implausible and conspiratorial beliefs, including in a self-published book, several lawsuits, and an impromptu meeting with WHQR's news director in 2024.

That, in part, has led to questions about Edge's "capacity" to stand trial (essentially, his ability to meaningfully understand what's going on during proceedings).

Related: Who is Southport shooting suspect Nigel Edge?

During the hearing, Edge’s capital defender, Matthew Geoffrion, requested a motion to continue, citing the need for further psychological evaluations before moving forward in the process.

District Attorney Jon David, whose office serves Brunswick, Bladen, and Columbus counties, was ready to proceed with Rule 24 as mandated by the 45-day post-indictment time limit under state law.

After Edge underwent two evaluations conducted on behalf of the defense, David requested a further evaluation from an independent state examiner. All three concluded Edge was incapable of standing trial. However, as David noted in a statement, the “meaningful distinction” is that the state examiner believed Edge’s capacity could be restored through treatment, including counseling and medication.

For now, the process of determining whether the state will pursue the death penalty against Edge has been paused, according to David.

Tuesday’s Rule 24 hearing

The Rule 24 hearing resumed on April 7, where the matter of Edge’s mental fitness to proceed to trial unfolded.

During the hearing, David announced that the State’s evaluator, Dr. Matthew McNally of Central Regional Hospital in Butner, conducted an extensive review, digging into Edge’s employment and military history, as well as any past counseling.

The evaluation resulted in an 18-page report, which found the Edge incapable of proceeding.

Rule 24 statutes dictate that a defendant’s capacity to comprehend the nature of their proceedings and assist in their defense must be evaluated. If the defendant is found to be incapable of reasonable and rational comprehension, they can be sent for restoration treatment — which was the outcome for Edge in this case.

“Mr. Edge demonstrated prominent delusional beliefs,” Judge Jason Disbrow read aloud from McNally’s report, which was sealed from the public. “Mr. Edge is incapable of proceeding,” he finished.

Defense experts Dr. George Corbin and Dr. Jennifer Sapia first evaluated Edge’s mental health in this case, concluding that he was incompetent; Corbin noted Edge was “unlikely to regain competency.”

In contrast to Corbin’s opinion, McNally believes Edge could be restored to capacity through treatment, including medication and counseling, so long as he complies and refrains from the use of substances.

Judge Disbrow ordered that Edge be transferred to what’s known as ‘safekeeping’ at Central Prison in Raleigh while he awaits transport to Cherry Hospital in Goldsboro for treatment once a bed becomes available. As part of Disbrow’s orders, Edge will undergo evaluations while in treatment that must be submitted to the court. He will remain in custody during the entirety of his stay in treatment.

Geoffrion, Edge’s capital defender, also requested that he keep his leg brace as a “reasonable accommodation” while in state custody, as Edge walks with a visible limp. Disbrow granted the accommodation.

Though state law permits Rule 24 hearings to commence even when a defendant’s capacity is in question, the State has decided to hold its decision until this aspect of the case is resolved.

“It’s not in the best interest at this time,” to announce whether they’d pursue the death penalty while Edge is determined to be incompetent, David said. He also expressed to the court that proceedings are “more or less paused” until Edge’s restoration is accomplished.

While in deliberation with the judge, Geoffrion asked that prosecutors not seek capital punishment, noting however, that they will continue to proceed with any further Rule 24 hearings as they emerge “without prejudice”.

In a press release from the DA’s office, David addressed their decision with the residents of Brunswick County and surrounding areas, saying “the proceedings in this case will be slow, methodical and deliberate, because that is what justice requires.” He also noted that some members of the community were calling for maximum punishment, while others were calling for compassion.

Aaleah McConnell is a Report for America corps member and a recent North Carolina implant from Atlanta, Georgia. They report on the criminal justice system in New Hanover County and surrounding areas. Before joining WHQR, they completed a fellowship with the States Newsroom, as a General Assignment Reporter for the Georgia Recorder. Aaleah graduated from Kennesaw State University with a degree in journalism and minored in African and African-American Diaspora studies. In their free time, Aaleah loves roller-skating and enjoys long walks with their dog Kai. You can reach them at amcconnell@whqr.org.

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