Wilmington attorney explains death penalty procedure after Nigel Edge case delayed

SOUTHPORT, N.C. (WWAY) — The suspect in the Southport mass shooting appeared in court Monday for a Rule 24 hearing, but the case has been continued after a judge determined he is not competent to proceed.

The hearing, originally scheduled for February, had already been postponed to allow for an additional mental health evaluation. Rule 24 hearings are used to determine whether prosecutors will seek the death penalty.

On Monday, the judge ordered the hearing to be continued at the request of both the district attorney and defense attorneys. The decision follows three separate mental health evaluations that found the suspect, Nigel Edge, is not competent to stand trial.

Edge was indicted in January on multiple charges, including three counts of first-degree murder, two counts of attempted first-degree murder and two counts of assault with a deadly weapon.

Investigators say Edge is a veteran with severe mental health issues. District Attorney Jon David said the decision is based on an 18-page forensic evaluation and extensive background interviews, including details of Edge’s military history.

Attorney Thom Goolsby, who is not involved in the case, said the state cannot pursue the death penalty unless Edge is found competent.

“If you’re incompetent, then they will attempt to make you competent and the judge will look at the case every 30, 60, 90 days to see what’s going on, is he getting better is he not,” Goolsby said.

The judge also ordered Edge to be transferred to safekeeping at Central Prison in Raleigh while he awaits placement at Cherry Hospital, a psychiatric facility in Goldsboro.

At Cherry Hospital, Edge is expected to undergo treatment in an effort to restore his competency so the case can proceed.