Did Weldon Boyd get immunity in deadly shooting of Scott Spivey? What judge said
After four days of testimony, including that of the two shooters, a Stand Your Ground hearing regarding the death of Scott Spivey ended on Friday with a judge denying immunity for a North Myrtle Beach businessman.
Judge Eugene Griffith Jr. said before the ruling that Boyd had no credibility and that the phone calls recorded days after the shooting were telling.
Griffith has not decided about immunity for Kenneth “Bradley” Williams the second shooter of Spivey and who was a passenger in Boyd’s vehicle that day.
Jennifer Foley, Spivey’s sister, and her family hugged and cried as the judge announced his decision. Boyd and his attorney, Ken Moss, immediately exited the courtroom.
“It’s been a long, long war,” said Jennifer Foley, Spivey’s sister. “It’s been ‘no, no, no’ for two years. I just wish it felt better.”
Griffith gave Mark Tinsley, the attorney for the Spivey family, and Morgan Martin, the defense for Williams, two weeks to put in their orders.
While the judge cited evidence that Williams asked Boyd to back up when he realized Spivey was preparing to shoot and told Boyd after the shooting, “why couldn’t just leave him alone,” Griffith told the defense, “You need a smidgen more.”
“We’re encouraged by judge’s willingness to accept an order for Mr. Williams,” defense attorney Morgan Martin said.
Griffith also pointed out that Spivey driving 113 mph “sounds like trying to get away.” Griffith remarked that whether it was a pursuit, following or chasing, “they know the guy they’re following and trying to keep up with has a got a gun,” referring to Boyd and Williams.
“Spivey was acting like a fool that day. There’s no question about that,” Griffith said.
What happened in the Stand Your Ground hearing
The hearing that began Tuesday determined whether Boyd or Williams will be granted immunity under South Carolina’s Stand Your Ground law for shooting and killing Spivey.
The Spivey family has filed a wrongful death lawsuit against the two men and the hearing determined whether that civil action can move forward or whether Boyd and Williams will be immune civilly for the fatal shooting of the 33-year-old Tabor City, North Carolina, man.
Both Boyd and Williams took the stand during the hearing to give their versions of what occurred the day they encountered Spivey along Highway 9 on Sept. 9, 2023.
The two men’s accounts were similar as they recounted how Spivey drove close to Boyd’s vehicle, pointed a gun at Williams and then began driving erratically as he travelled along the highway. Boyd said that Spivey eventually ran him off the road, and he pointed his weapon at other drivers, which prompted him to call 911 to seek help from police to get Spivey off the road.
Eventually both vehicles ended up on Camp Swamp Road in the Longs area where a gun battle ensued and Spivey was shot dead.
During the Horry County hearing, both sides continued to focus on the speed and location of Spivey’s and Boyd’s vehicles along Highway 9. The key issue in the case has been whether Boyd “chased” Spivey nine miles before shooting and killing him.
Experts have testified that Spivey’s speed went anywhere from 85 mph to 113 mph while driving on the highway.
It also was discussed whether Spivey shot first – a claim that Boyd and Williams have claimed during their testimony. Forensic experts were brought in to determine how many shots were fired.
The two men have not been charged criminally as their actions were ruled self-defense by the state Attorney General’s Office under the law.
This story was originally published February 20, 2026 at 4:38 PM.
