it is not clear whether smith has an attorney or how he intends to plea. murdaugh told south carolina police he was in such a bad financial position he thought death was his only way to ensure a life insurance payout for his son his attorney says. >> he believed that $10 million policy had a suicide exclusion. suicide exclusions are only good for two years. and he didn't realize that. so he arranged to have this guy shoot him. >> reporter: his lawyer says that murdaugh was in a massive depression after the unsolved murder of his wife and son and that he also has a severe opoid addiction. >> his father died of cancer that same week and he got through it with the use of opoids. >> reporter: and murdaugh abruptly resigned from his law firm after being accused of misappropriating funds which his lawyer says had been used to purchase drugs.