BOLIVIA, N.C. (AP) — A prosecutor announced Wednesday that he would seek the death penalty against a former Marine charged in a mass shooting last year that left three people dead and several others wounded.

“We are not blind to who this defendant is,” Brunswick County District Attorney Jon David said of defendant Nigel Max Edge. “He served this country in Iraq as a Marine, suffered a traumatic brain injury, and has struggled with serious mental illness. Those facts are important and they were weighed, but must be balanced against the circumstances of the crime.”

Authorities allege Edge piloted a small motorboat up to a dockside cocktail bar in Southport on Sept. 27, 2025, and opened fire with a short-barreled semiautomatic rifle. He faces three counts of first-degree murder, as well as multiple attempted murder and weapons charges.

In April, Superior Court Judge Jason Disbrow ordered Edge to undergo psychiatric treatment after it was determined he was unable to understand his legal proceedings enough to help his lawyers.

Defense attorney Matthew Geoffrion filed a motion to continue Wednesday’s hearing, arguing that the extent of Edge’s brain injury will likely make it impossible for him to stand trial. Edge was shot multiple times during a firefight in Iraq, including once in the head.

“The chances of capacity restoration in this case appear low,” Geoffrion said in his motion.

David countered that experts at the state hospital where Edge is being treated “have concluded he is likely to be restored.” But he added that the decision to proceed with a capital punishment case was not final.

“A capital designation guarantees the defendant the highest level of protection our system offers, including the appointment of a second qualified attorney and the most rigorous scrutiny our courts provide,” David said. “If evidence emerges bearing on Mr. Edge’s sanity at the time of the offense, we will reassess. If he is never restored to capacity, the death penalty would not be a lawful sentence and would be removed from consideration.”

Edge’s next hearing is scheduled for Dec. 7.