Southport shooting suspect death penalty hearing continued

BRUNSWICK COUNTY, NC (WWAY-TV) — Brunswick County man, Nigel Edge, appeared in court Friday morning in connection to the deadly Southport shooting that occurred in September.

Friday’s Rule 24 hearing was initially set for the court to determine whether the state intends to seek the death penalty, but Edge’s defense attorney requested the hearing be continued out of concern for Edge’s competency in court.

Thom Goolsby, an attorney in Wilmington for more than 34 years said he’s seen plenty of cases that involve a defendant who needed to be evaluated for mental competence before continuing in court.

“You can be mentally ill and still be convicted of a crime in North Carolina, a lot of people think, ‘oh, he’s going to get off now,’ but that’s not the way this works,” Goolsby said.

Investigators said Nigel Edge, the suspect in the Southport mass shooting is a veteran with severed mental health issues.

Edge was indicted on Jan. 5 on multiple charges including three counts of first-degree murder, discharging a firearm into an occupied property, two counts of attempted first-degree murder and two counts of assault with a deadly weapon with intent to kill or inflict serious injury.

According to District Attorney Jon David, Edge has already received two mental health evaluations that said Edge was incapable to proceed in court. One evaluation reports Edge is “unlikely to regain competency.”

In response to the defense attorney’s motion, the judge requested a state-appointed doctor to evaluate Edge at the Central Regional Hospital.

The district attorney’s office agreed Edge should receive an additional evaluation, despite their surprise to the motion stating there was ample notice before the hearing. David said the state evaluation would be a neutral and independent review.

Goolsby said if a defendant like Edge is found incompetent, all hearings including a “Rule 24” hearing would be suspended.

“What happens is if your 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.

Goolsby said if a defendant is determined to be “unrestorable” such as with severe traumatic brain injury, the charges can be dismissed without prejudice and the state could pursue civil commitment.

That mean the defendant would undergo pro-longed mental health treatment at an institution to protect public safety.

“Instead of every couple of months or so checking back and seeing how the person is, they realize this is a long-term issue, they may never get better,” Goolsby said.

Edge will undergo the additional mental evaluation at the Central Regional Hospital in Butner, North Carolina.

Mental health was on North Carolina Governor’s mind on Thursday when he signed a new executive order aimed at better collaboration between the state’s behavioral health and criminal justice system.

“About 40% of 911 calls don’t have to do with a crime,” Stein said.

Stein’s order came in wake of the Southport shooting and will strengthen the state’s ability involuntarily commit and treat people with dangerous mental health problems.

“It looks like family members and/or friends we’re trying to get this man help and were just unable to do so which is very disconcerting to me about the mental health system,” Goolsby said.

Edge is scheduled for his next court appearance on Apr. 7 at 2 p.m. at the Brunswick County Courthouse.