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SC governor candidates at odds on Scott Spivey shooting case. What they said.

The South Carolina Attorney General’s Office is standing by its decision that the shooting death of a North Carolina man falls under the state’s “Stand Your Ground” law.

The AG’s Office, as well as Attorney General Alan Wilson, has come under fire for the ruling that declared that the killing of Scott Spivey by two men — including a North Myrtle Beach restaurant owner — along a rural roadway nearly two years ago was self-defense.

A shoot out occurred between the occupants of two vehicles near the intersection of Camp Swamp Road and S.C.Highway 9 on Saturday, September 9, 2023. Scott Spivey, 33, of Tabor City, North Carolina, was killed in the incident. Charges have not been filed against the occupants of the other vehicle. Sept. 25, 2023.
A shoot out occurred between the occupants of two vehicles near the intersection of Camp Swamp Road and S.C.Highway 9 on Saturday, September 9, 2023. Scott Spivey, 33, of Tabor City, North Carolina, was killed in the incident. Charges have not been filed against the occupants of the other vehicle. Sept. 25, 2023. Sun News file photo

Weldon Boyd and Kenneth “Bradley” Williams were involved in a shootout with Spivey, which occurred on Sept. 9, 2023, on Camp Swamp Road just off of Highway 9 in the Longs area. The two men have not been charged in the shooting and have claimed they acted in self defense.

The state Attorney General’s Office declined to prosecute based on South Carolina’s Protection of Persons and Property Act. The statute, often referred to as a “Stand Your Ground” law, allows individuals to use force, including deadly force, in certain situations without a duty to retreat to protect themselves and shield them from prosecution when they act in self-defense.

“After a thorough review of the investigative file presented to us by law enforcement, the Attorney General’s Office provided SLED our legal opinion that South Carolina’s ‘Stand Your Ground’ law was applicable in the shooting case of Scott Spivey,” Wilson said in a statement Wednesday. “The legal analysis of this case was reviewed by multiple career prosecutors within the Office of the Attorney General, who all reached the same conclusion.

“We have continued to review all information and evidence provided to us by law enforcement, including eyewitness statements, toxicology reports, video evidence, and forensic analysis. Our analysis has remained the same.”

Spivey’s family, as well as other officials, have questioned the decision, as details about the case, including alleged corruption and mishandling of evidence by Horry County Police, have come to light after a civil lawsuit was filed against Boyd and Williams.

Spivey’s sister, Jennifer Foley, filed a wrongful death suit against the two men with a focus on the question: How can a person follow someone for nine miles, shoot him and then claim self-defense?

Jennifer Foley, sister of Scott Spivey, has been an advocate pushing for the continued investigation into her brother’s death. “Once Scott died, there was nobody to fight for him, he has no voice. As they said in these tapes, dead men tell no tales, and they look at that as a good thing, and that’s not fair to Scott,” she said. March 31, 2025.
Jennifer Foley, sister of Scott Spivey, has been an advocate pushing for the continued investigation into her brother’s death. “Once Scott died, there was nobody to fight for him, he has no voice. As they said in these tapes, dead men tell no tales, and they look at that as a good thing, and that’s not fair to Scott,” she said. March 31, 2025. Jason Lee jlee@thesunnews.com

The Spivey case has become somewhat of a political football in recent months as Wilson has entered the race for South Carolina’s governor. Nancy Mace, a Republican congresswoman from South Carolina, also has entered the governor’s race and has criticized Wilson’s handling of the Spivey case.

Mace appeared in Myrtle Beach Wednesday night as part of her campaign tour. She was asked about the Spivey case in a press gaggle at the start of the event.

Nancy Mace, (R-SC), speaks at a campaign rally in Myrtle Beach, SC Wednesday, Aug. 6, 2025. Mace is running for governor. Mace has criticized fellow governor candidate state Attorney General Alan Wilson over his office’s decision to not prosecute two men, including a North Myrtle Beach restaurant owner, for the shooting death of a North Carolina man in 2023.
Nancy Mace, (R-SC), speaks at a campaign rally in Myrtle Beach, SC Wednesday, Aug. 6, 2025. Mace is running for governor. Mace has criticized fellow governor candidate state Attorney General Alan Wilson over his office’s decision to not prosecute two men, including a North Myrtle Beach restaurant owner, for the shooting death of a North Carolina man in 2023. Elizabeth Brewer ebrewer@thesunnews.com

“Law and order is missing in our state,” Mace said once she took the microphone. “I recently went to Loris. Who’s been to Loris? And I met with the Spivey family and as I walked into the room at the Veterans Cafe and Museum tonight, I read a statement from the Attorney General of South Carolina, who is refusing to investigate the death and the killing of Scott Spivey. And there are tape recordings bragging about how terrified Scott Spivey was before he died.

“We’ve seen video. We’ve seen body cam where it was handwritten on a note that said ‘Act like a victim.’ The note that was snuck to the shooter. And you can’t tell me, for a man who was shot 17 times from behind and killed by a bullet in the back, that our attorney general could not investigate this case. He has refused.”

Deborah Spivey, mother of Scott Spivey, looks at the bullet holes in her son’s truck. Scott Spivey was killed in a road rage incident on Sept. 9, 2023 at Camp Swamp Road in Longs, SC. Neither of his shooters, Weldon Boyd and Kenneth “Bradley” Williams, were charged in the incident. March 31, 2025.
Deborah Spivey, mother of Scott Spivey, looks at the bullet holes in her son’s truck. Scott Spivey was killed in a road rage incident on Sept. 9, 2023 at Camp Swamp Road in Longs, SC. Neither of his shooters, Weldon Boyd and Kenneth “Bradley” Williams, were charged in the incident. March 31, 2025. Jason Lee jlee@thesunnews.com

Boyd, who owns Buoys on the Boulevard, and Williams killed Spivey in a hail of gunfire after they claimed the 33-year-old had waved a gun at them while driving and then later got out of his vehicle and fired his weapon at Boyd’s truck with them inside.

Horry County Police determined that Spivey’s actions of brandishing a weapon and road rage resulted in the exchange of gun fire.

Wilson said in the statement that under the Stand Your Ground law, individuals have the right to defend themselves “if they reasonably believe they are in imminent danger.” Under the law, immunity is provided in certain circumstances where the use of deadly force is deemed lawful, the statement said.

“Our office takes every loss of life seriously and remains committed to pursuing justice,” the statement said. “If new material evidence comes to light, whether through the ongoing civil proceedings, further investigation, or new reports to law enforcement, we are fully prepared to reevaluate the case.”

Family pushes for answers

Boyd followed Spivey for approximately nine miles along Highway 9 before turning down Camp Swamp Road. He called 911 the day of the shooting, telling dispatchers, “I’ve got a guy pointing a gun at me driving. We’re armed as well. He keeps throwing the gun in our faces, acting like he’s about to shoot us. If he keeps this up, I am going to shoot him.”

A short time later, both vehicles turned down Camp Swamp Road and just after 6 p.m. Spivey was dead.

Foley has pushed for answers in her brother’s death.

Hundreds of recorded conversations, text messages, body cam footage and 911 calls obtained through the Spivey family’s lawsuit led to additional questions. Ultimately, the information uncovered alleged corruption in the Horry County Police Department, the original investigating agency, and relationships between Boyd, officers, and government officials.

Spivey’s family claims that the investigation into his death was not conducted correctly and that Boyd’s connections within the Horry County Police Department and government influenced the outcome of the case.

Recorded calls from Boyd’s phone include conversations with former Horry County Police Deputy Chief Brandon Strickland and others the night of the shooting and days after.

At least five HCPD officers, including Brandon Strickland, who is friends with Boyd and told the businessman he was working in the “shadows” to help him, have been accused of misconduct. Three officers were disciplined after seven videos of officers’ dash cam footage from the night of the shooting were discovered. The footage was said to be mislabeled.

Paul Damon Vescovi, a patrol division sergeant, was fired in April for a violation of “conduct unbecoming of an officer,” according to HCPD.

This is a screenshot of the bodycam provided by Scott Spivey’s family that allegedly shows where Patrol Division Sergeant Paul Damon Vescovi wrote on a notepad “ACT LIKE VICTIM CAMERA.”
This is a screenshot of the bodycam provided by Scott Spivey’s family that allegedly shows where Patrol Division Sergeant Paul Damon Vescovi wrote on a notepad “ACT LIKE VICTIM CAMERA.” Contributed photo

Body cam footage from Vescovi at the scene of the shooting shows the officer speaking with Williams and Boyd, who was on the phone with his attorney, then Boyd hands the phone to Vescovi. Vescovi is later seen holding a note that reads, “Act like a victim” and “Camera” that he appears to show Boyd.

This story was originally published August 6, 2025 at 8:29 PM.

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