Ben Schachtman: So, Nikolai, we're back today to discuss the legal fate for Nigel Max Edge, who was arrested following the mass shooting at American Fish Company. What can you tell us about the charges?
Nikolai Mather: Sure — the most severe are three counts of first degree murder. The sentence for those are either life in prison without parole or the death penalty. There’s also a host of other charges, including attempted murder and assault with a deadly weapon, which could collectively add up to nearly 60 years with the maximum sentence.
BS: Right, so if Edge is found guilty, we're looking, at the very least, a very long time in prison. But what about the death penalty?
NM: So, District Attorney Jon David brought the first-degree murder charge based on evidence of premeditation, specifically that Edge staked out the scene the night before the shooting — but that doesn’t automatically mean he’ll seek the death penalty. Prosecutors have to figure out if they think there were aggravating factors to warrant a capital case.
BS: And David told reporters that’s still an open question, though he hasn’t ruled it out.
NM: Yes, David said he’d convene a team of senior prosecutors to assess the facts of this case within the next few weeks. He’s suggested at least two factors, including pre-planning, were present in this case.
So Ben, what happens if this panel of prosecutors does choose to pursue the death penalty?
BS: Well, first the district attorney has to request a pretrial conference to announce whether or not they’re going to pursue the death penalty — and that gives a judge the opportunity to make sure a number of procedural things are in place.
Then, because Edge hasn’t retained private council, he’ll get a special public defender. And, ultimately, if he’s found guilty, there will be a separate trial where prosecutors will basically have to convince a jury that Edge should be put to death.
Now, our state does have prisoners on death row, but we haven’t had any executions in the past twenty years. There could be some changes to that under Iryna’s Law, the crime bill state Republicans passed following the murder of Ukrainian refugee Iryna Zarutska in Charlotte.
NM: Yeah, there are lotsof changes packed into that bill — but for our purposes, the most important provisions are about the method and timing of execution, specifically actual deadlines for the process of execution.
BS: But Governor Stein is still mulling that one over, right?
NM: It sounds like it — he’s voiced some concerns about it, but by law he’s got to sign or veto the bill within ten days, or the law passes. So, we should hear something by the end of the week.
Before we go, I wanted to explore a topic that we touched on earlier this week — how mental illness could impact this case. How do you see it factoring into the process here?
BS: Yeah, it plays a couple of potential roles. Number one is you gotta see if he's psychologically and cognitively competent to stand trial. In most cases, defendants get there after spending some time in a hospital, but the process can take time.
Number two is he could potentially plead not guilty by reason of insanity. If the jury returns that verdict, and that's very rare, then he'd be remanded to a psychiatric or mental hospital until he is no longer a threat to society. If doctors and a court determine he's no longer mentally ill and dangerous, then he'd be allowed to leave. Again, this is all very rare and very difficult to argue — only about 1% of court cases make this plea, and a fraction of those are successful.
Number three is the sentencing. We mentioned aggravating factors before, but there are also mitigating factors to the death penalty, and two of them relate to whether the defendant was mentally stable. Proving that could make it harder for prosecutors to make the case to sentence Edge to death.
But that's all a long way away. In the meantime, the next court date is October 13th, correct?
NM: Yes. And we'll have more updates on the legal side of things for y'all then. But folks should know, as you said, this will be a long process.
BS: Alright, thanks Nikolai.
NM: Thank you!
Read more:
- WHQR: District Attorney doesn't rule out death penalty following Southport mass shooting
- WHQR: Governor Stein visits Southport after deadly shooting, promotes mental healthcare reform
- WHQR: "Things could have gotten even worse." Southport shooting suspect makes first court appearance
- WHQR: Who is Southport shooting suspect Nigel Edge?
