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A judge on Tuesday ordered that a Marine veteran charged with three counts of first-degree murder in a mass shooting at a North Carolina waterfront bar last year undergo psychiatric treatment after it was determined he lacks capacity to understand the trial proceedings well enough to help his lawyers.
The case of Nigel Max Edge had been scheduled for a Brunswick County court hearing in which the local prosecutor was slated to reveal whether he intended to seek the death penalty. But District Attorney Jon David said in a news release that part of the case was set aside because questions about Edge’s “capacity to proceed” were raised by multiple mental health professionals.
“The defense has presented evaluations from two experts, and this office requested an independent evaluation by a state forensic examiner,” David said. “All three evaluations conclude that Mr. Edge currently lacks the capacity to proceed to trial.”
Superior Court Judge Jason Disbrow ordered that Edge be transferred to Cherry Hospital, a state psychiatric facility in Goldsboro, David said.
David said the state’s mental expert found that Edge “may be restored to capacity through appropriate treatment, including medication and counseling.” Voicemail and email seeking comment were left for Edge’s public defender, Matthew Geoffrion.
Authorities allege Edge, 41, piloted a small motorboat up to a dockside cocktail bar in Southport last Sept. 27 and opened fire with a short-barreled semiautomatic rifle. Three people were killed, and several others were injured.
Edge, who faces additional charges, was serving with an elite sniper unit in Iraq when he was shot four times, including once in the head. Friends and family say he has been diagnosed with post-traumatic stress disorder and still has a bullet lodged in his brain.
Tuesday’s action has “the practical effect of suspending further litigation unless and until the defendant’s capacity is restored,” David said, adding the state could still seek the death penalty “should the facts and law warrant this designation.”
Edge will remain in custody during treatment, which David said would be for an “indeterminate” amount of time.
