The still unraveling story of Alex Murdaugh, the once powerful South Carolina lawyer, became even more bizarre this week with reports of the arrest of a man, Curtis Edward Smith, 61, accused of shooting him in the head . . . at the request of Murdaugh. Months ago, both his wife and son were gunned down at his home in a still unsolved double murder case. His late son Paul was accused of negligence and drunk driving in the boating death of a young woman, a case that many said was riddled with undue influence by the powerful family. What is interesting is the charge profile on both men in this latest development.
Murdaugh recently was reportedly forced out of this firm and reported to the bar for the alleged misuse of firm funds. He then ended up on the side of the road with a slight head wound and said that someone tried to kill him. It was strikingly implausible. Murdaugh claimed that he pulled over after his Mercedes SUV’s low tire pressure light came on and that a man in a pickup truck asked if he was having car trouble and then shot at him.
Police later arrested Smith and alleged that Murdaugh tried to arrange his own death this month so his surviving son would get $10 million in life insurance. However, the shot only grazed Alex Murdaugh’s head on Sept. 4. Murdaugh’s lawyers are reportedly accusing Smith of selling Murdaugh drugs and taking advantage of his mental illness and deep depression over the deaths of his wife, Maggie, and son Paul.
What is interesting is that Smith is charged with assisted suicide, insurance fraud and several other counts but not attempted murder. While Murdaugh allegedly invited his killing, the police did not treat the case as a murder under South Carolina law. The reason may be the absence of “malice aforethought” under the attempted murder provision:
Section 16-3-29 – Attempted murder
A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section may not be suspended nor may probation be granted.
Murdaugh announced he was going into rehab for an opioid addiction, but he will now turn himself to reportedly face charges of conspiracy to commit insurance fraud.
The Murdaugh family has long been a legal dynasty in the state with members holding a variety of high offices and running one of the largest legal firm. It is now a Southern Gothic right out of A Cat on a Hot Tin Roof:
I’m in Hilton Head now for the wedding of no. 1 son. It’s the talk of the town and the rumors are endless.
Mark,
Many blessings on your son and his bride.
Thank you, my friend.
Wow,
This story has been running on Fox for a while.
I’ve spent some time in Hampton/Varnville, and I spoke w a friend who lives in town.
I know the road and where the shooting took place. Murdaugh’s story didn’t hold up.
The SUV had run flat tires.
If he was pulling over… a little further down the road…there’s a black church where he could have pulled in to the parking lot.
The whole thing is bizarre.
All of the lawyers in town know about it.
Is the Corleone family involved in South Carolina?
The ongoing Obama Coup D’etat in America, General Milley committing insubordination, abuse of power, usurpation of power and treason, a full military division in Del Rio, Texas, awaiting forward deployment by China after its release of the biological weapon, “China Flu, 2019,” as the opening salvos of WWIII, John “Dudley Do-Right” Durham developing one count of perjury after two years and millions of tax dollars, gas at $4.50 a gallon, Joke Buydem, on orders from President Susan Rice as directed by General Secretary Barrack “Barry Soetoro” Obama, destroying global Caucasians and America, its Constitution, population, borders and economy, and all Professor Turley wants to critique are negligible, provincial episodes? Has the impact of the communist (liberal, progressive, socialist, democrat, RINO) campaign against Professor Turley been discerned?
♫ Suicide is gainless ♫
In that County….Law is meaningless except to enrich a few Attorneys bank accounts.
Look into the Civil Suits that get brought there.
Bizarre story. I couldn’t understand much on tv and this article is also disjointed.
Under South Carolina law malice is a willful or intentional doing of a wrongful act
I’m assuming the arrangement to request another person end your life, overlaps the States laws on suicide.
I am not a fan of the endless slicing of Murder into ever thinning layers of intent. While the guy asked to be killed, the person that carried out the attempt knows right from wrong. This is wrong. Murder.
“Murdaugh tried to arrange his own death this month so his surviving son would get $10 million in life insurance.”
Was there an insurance policy on the other family members who were murdered and who profited from their deaths?
Interesting case.
But it is not clear here. It is claimed by the respectable author of the post, that Smith is charged with assisted suicide, but not attempted murder. And the reason may be the absence of “malice aforethought” under the attempted murder provision. Yet, the section itself, states clearly: ” with malice aforethought”. And this is allegedly a classic case of such malice. For, it had been invited apparently. So, this is a very high degree of malice. For, it was premeditated. By the way, even if not, it may constitute many time, murder or attempted murder. Sometimes, improvised decision may constitute murder.
I quote from H&U (law firm, South Carolina, see link hereby):
” In South Carolina, murder consists of the killing of any person with “malice aforethought”, either expressed or implied. Now, this is a complicated phrase, so we should look at how specific terms are understood:
Under South Carolina law malice is a willful or intentional doing of a wrongful act, without just cause or excuse. Aforethought refers to the time when the evil intent is conceived. In other words, if you intentionally kill another person with the evil intent to do so, you can be charged with murder.
Premeditation Can Occur in an Instant
However, it is a common misconception that premeditation must occur some distant time before the act of murder. One need not spend days or weeks in advance, devising a plan to kill another to be charged with murder. Premeditation can occur in an instant.”
End of quotation:
So, surly if it was invited in advance, clear contract or alike.
Here:
https://www.bhollandlawfirm.com/library/murder-in-south-carolina.cfm
Thanks