Horry police won’t prosecute North Myrtle Beach business owner in deadly gunfire exchange
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Scott Spivey
The North Carolina man was killed in shoot out along a South Carolina rural highway. Nearly two years after, his death is getting a new investigation.
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Horry County Police have closed a case and will not seek prosecution in a deadly shooting last year that killed a North Carolina man.
The decision follows the state Attorney General Office’s report that it too has closed the case, concluding “insufficient evidence to merit criminal prosecution” in the deadly exchange of gunfire that killed Scott Spivey.
Spivey, 33, of Tabor City, was killed Sept. 9, 2023, on Camp Swamp Road near S.C. 9 in the Longs area.
Horry Police has decided to close the case as an “exceptional clearance” with no prosecution, according to police spokesperson Mikayla Moskov by text.
Police are using the little-known category of “exceptional clearance” which allows them to clear the case without actually arresting the suspects.
The state Attorney General’s Office reviewed the case and issued a letter dated April 3.
The letter referenced Weldon Boyd as part of the review. Boyd, who operates Buoys on the Boulevard along South Ocean Boulevard in North Myrtle Beach, was named by 15th Circuit Solicitor Jimmy Richardson as one of two alleged shooters in the fatal accident. The second shooter has not been officially named by police.
The Attorney General’s Office was asked to review the case by Richardson, who recused himself from the case.
According to the FBI’s Uniform Crime Reporting Program, law enforcement agencies can clear or close offenses in one of two ways: By arrest or by exceptional means.
The FBI says that law enforcement agencies must meet the following in order to clear an offense by exceptional means:
- Identified the offender.
- Gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution.
- Identified the offender’s exact location so that the suspect could be taken into custody immediately.
- Encountered a circumstance outside the control of law enforcement that prohibits the agency from arresting, charging, and prosecuting the offender.
It is unclear which of these identifiers police used.
A police report said that the shooting happened on Camp Swamp Road near S.C. 9 in the Longs area. Spivey was shot about 5:50 p.m., according to an email from the Horry County Coroner’s Office Sept. 10. Spivey died on the scene.
The report showed that two other people were involved in the shooting that killed Spivey. It is not clear who fired their weapons and when.
Based on the police report, it appears that Spivey’s vehicle was in front of another vehicle when the shooting occurred at the intersection of Camp Swamp Road and S.C. 9.
A driver of a white Dodge TRX truck told police that “the guy in the black truck jumped out and started shooting at us and I shot back. I think he’s dead.” The driver said he still had his pistol on him. The officer retrieved it out of his holster, the report said. The passenger of the white truck stated his firearm was on the passenger seat, and the officer also retrieved it.
The driver’s side front door in the Black Chevy pickup was open and the driver was hunched over the center console of the truck, with his right arm hanging over the console into the rear passenger area, the report said. He had no movement. A black handgun with the slide locked back was just under his hand, the report said.
The police report did not say what led to the shooting.
Spivey is listed on the report as a “suspect,” while the other two people involved, including the shooter, are listed as “victims.” From the report, it appears that the shooter was the one to contact police.
The report says that there were multiple witnesses.
This story was originally published April 5, 2024 at 5:06 PM.
