FIRST ON 3: No charges filed in suicide of man under investigation for underage pornography

BRUNSWICK COUNTY, NC (NEWS RELEASE) — On June 30, 2011, Detectives from the Oak Island Police Department went to a residence located at 322 N.E. 39th Street in Oak Island.

Prior to this date, investigators had received information that the occupant of this residence, Marion Edward Cape, had allegedly committed various crimes of a sexual nature.

Based upon that information, detectives secured a search warrant for the home of Mr. Cape.

Upon arriving at the residence, Mr. Cape invited detectives into his home and he spoke to them at length about the underlying allegations. During the course of the interview, Mr. Cape made a number of incriminating statements.

Additionally, during the execution of the search warrant, detectives recovered various pieces of evidence which corroborated both the statements of Mr. Cape and the information they had previously received. As the detectives continued to search his residence, Mr. Cape became increasingly emotional and apparently had a growing realization of the fact that he was in a tremendous amount of trouble. At some point in the evening, Mr. Cape asked to use the bathroom. He subsequently barricaded himself inside the bathroom, retrieved a shot-gun which was located behind the door, and fatally shot himself.

My office was immediately notified of this incident and a member of my staff arrived on scene. At a very early stage I asked for an independent review in this case and called for a complete SBI Investigation of this matter. The State Bureau of Investigation was asked to review the circumstances surrounding the death of Mr. Cape. As a result of their investigation, I have concluded that no officer will be criminally charged with any offense in connection with this case.

While Mr. Cape’s decision to end his own life is certainly a tragic outcome, no criminal laws were violated by officers in connection with his death.

I have met with members of Mr. Cape’s family to share with them the State Bureau of Investigation’s findings as well as my conclusion that no officer will be criminally charged.

With respect to the original allegations of sexual misconduct against Mr. Cape, I have asked for a forensic examination of Mr. Cape’s computer and other electronics to be completed in order to determine whether or not any other possible victims exist. In the future, I plan on speaking with family members of any possible victims that may be involved in the underlying incidents and share with them the results of the Oak Island Police Department Investigation. Mr. Cape will not be criminally charged with any incidents in connection with the investigation because such a prosecution is abated by his death.