Prosecutors to seek death penalty against Nigel Edge in Southport mass shooting case
BOLIVIA, NC (WWAY) — Prosecutors intend to seek the death penalty against Nigel Max Edge, the man accused of killing three people and injuring others in the 2025 mass shooting at the American Fish Company in Southport.
District Attorney Jon David announced Wednesday during a Rule 24 hearing in Brunswick County Superior Court that the state will proceed capitally in the case.
Edge is charged in connection with the Sept. 27, 2025, shooting that killed Solomon Banjo, Joy Rogers and Michael Durbin. A Brunswick County grand jury indicted Edge in January on three counts of first-degree murder along with multiple other charges, including attempted first-degree murder.
Edge currently lacks the capacity to proceed to trial and is receiving treatment at Cherry Hospital, according to David. State evaluators have concluded Edge is likely to have his capacity restored.
David said capacity to proceed and a defendant’s sanity at the time of an alleged crime are separate legal questions. Capacity concerns whether a defendant currently understands the proceedings and can assist in his defense, while sanity concerns the defendant’s mental state at the time of the alleged offense.
“To date, my office has received no evidence that Mr. Edge was legally insane when this crime occurred,” David said.
David said prosecutors considered Edge’s military service, traumatic brain injury and history of serious mental illness before making Wednesday’s determination.
“We are not blind to who this defendant is. He served this country in Iraq as a Marine, suffered a traumatic brain injury, and has struggled with serious mental illness,” David said. “Those facts are important and they were weighed, but must be balanced against the circumstances of the crime.”
At Wednesday’s hearing, prosecutors identified an aggravating circumstance they say supports proceeding capitally: that Edge allegedly knowingly created a great risk of death to more than one person using a weapon normally hazardous to the lives of more than one person.
David emphasized that Wednesday’s designation is an initial determination and not necessarily the state’s final decision on whether to pursue a death sentence.
“This is an initial determination, not a final decision,” David said. “A capital designation guarantees the defendant the highest level of protection our system offers, including the appointment of a second qualified attorney and the most rigorous scrutiny our courts provide.”
David said prosecutors would reassess their decision if evidence emerges concerning Edge’s sanity at the time of the shooting.
He also said that if Edge is never restored to capacity, the death penalty would not be a lawful sentence and would be removed from consideration.
Three mental health evaluations had previously concluded Edge was not competent to stand trial. In April, a judge continued an earlier Rule 24 hearing and ordered Edge transferred to safekeeping while he awaited placement at Cherry Hospital for treatment aimed at restoring his capacity to proceed.
Under North Carolina court rules, a Rule 24 conference is required in cases involving a crime punishable by death and addresses issues including whether evidence of aggravating circumstances exists and the appointment of additional defense counsel when the state seeks the death penalty.
