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7 questions about the Scott Spivey case: When will judge rule on second shooter?

The deadline for attorneys to file additional information seeking immunity for one of the two shooters of Scott Spivey is fast approaching.

After Circuit Court Judge Eugene Griffith Jr. denied immunity to Weldon Boyd under the state’s Stand Your Ground law on Feb. 20 following a four-day hearing, attorneys representing Kenneth “Bradley” Williams were given more time to issue orders as to why Williams should be given immunity as well. The judge has not made a decision regarding Williams.

Boyd, a North Myrtle Beach restaurant owner, and his friend’s claims of self-defense in the 2023 deadly shooting of the North Carolina man is at the center of a wrongful death lawsuit filed by Spivey’s family against both men.

The lawsuit claims that the two men chased the 33-year-old for miles before killing him in a gun battle along Camp Swamp Road in the Longs area on Sept. 9, 2023.

Jennifer Foley, sister of Scott Spivey and her mother Deborah Spivey react to Weldon Boyd’s testimony during the Stand Your Ground hearing for Weldon Boyd, owner of Buoys on the Boulevard, and Kenneth “Bradley” Williams in the shooting death of Scott Spivey. Boyd and Williams have been named in a wrongful death lawsuit by the Spivey family in his shooting death nearly three years ago.
Jennifer Foley, sister of Scott Spivey and her mother Deborah Spivey react to Weldon Boyd’s testimony during the Stand Your Ground hearing for Weldon Boyd, owner of Buoys on the Boulevard, and Kenneth “Bradley” Williams in the shooting death of Scott Spivey. Boyd and Williams have been named in a wrongful death lawsuit by the Spivey family in his shooting death nearly three years ago. Jason Lee jlee@thesunnews.com

During the hearing, both Boyd and Williams, who was a passenger in Boyd’s vehicle, testified that Spivey was driving erratically, eventually running Boyd off the road, and waving and pointing a gun at drivers, including Williams. The two men called 911 and claim to have only followed Spivey to alert police of his location. The pursuit eventually led to the shooting, which both men assert was self-defense.

But evidence uncovered in the family’s wrongful death lawsuit and presented during the hearing cast doubt on the men’s claims.

Both men have avoided criminal charges in the case after the state Attorney General’s Office said their actions fell under the Protection of Persons and Property Act, commonly referred to as Stand Your Ground law.

Spivey’s death has received national attention because of the use of the state law by the two men and allegations that Horry County Police mishandled evidence in an effort to protect Boyd. There are several layers to the case and many questions that have yet to be answered.

Here are seven of them.

When will judge make a decision about second shooter?

Following the civil hearing, Griffith gave Williams’ attorneys two weeks to submit orders as to why Williams should receive immunity.

The deadline for the orders are March 6, according to Griffith’s office. It is unclear if Griffith will make a decision that day or the following week. However, during the hearing Griffith made his decision on the final day of the Stand Your Ground hearing, not waiting for the entirety of closing arguments.

Kenneth “Bradley” Williams listens to testimony in the Stand Your Ground hearing. The hearing was to determine where or not Williams and his friend Weldon Boyd would be granted immunity under South Carolina’s Stand Your Ground law.
Kenneth “Bradley” Williams listens to testimony in the Stand Your Ground hearing. The hearing was to determine where or not Williams and his friend Weldon Boyd would be granted immunity under South Carolina’s Stand Your Ground law. Jason Lee jlee@thesunnews.com

During the hearing, 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 you just leave him alone.” However, Griffith told the defense, “You need a smidgen more.”

Will criminal charges be filed against Weldon Boyd?

The judge’s decision to deny civilly Boyd’s claims of self-defense could open the door for criminal charges to be filed.

But whether that will happen appears to rest with the South Carolina Attorney General’s Office, which has previously declined to file charges in the case.

During the Stand Your Ground hearing, Weldon Boyd is shown on screen on dash-cam footage as Horry County Police officer Kerry Higgs is questioned about their interaction on the scene of the Scott Spivey shooting.
During the Stand Your Ground hearing, Weldon Boyd is shown on screen on dash-cam footage as Horry County Police officer Kerry Higgs is questioned about their interaction on the scene of the Scott Spivey shooting. Jason Lee jlee@thesunnews.com

When asked whether Attorney General Alan Wilson will reconsider filing criminal charges against Boyd, Robert Kittle, communications director for the AG’s Office, said, “We cannot comment on any investigations that may be ongoing.”

What happens next with Weldon Boyd?

Boyd has an opportunity to appeal the judge’s decision, but whether that will happen is unclear.

Weldon Boyd demonstrate for the judge the way in which he says Scott Spivey was pointing a weapon during the drive that proceeded Spivey’s shooting.
Weldon Boyd demonstrate for the judge the way in which he says Scott Spivey was pointing a weapon during the drive that proceeded Spivey’s shooting. Jason Lee jlee@thesunnews.com

“We are of course disappointed with the decision and feel that it contradicts the overwhelming evidence presented that Mr. Spivey was the true aggressor on that September day,” Boyd’s attorney Kenneth Moss said previously by email. “We plan to look at all options available to the defendants.”

Moss did not address whether he was concerned that Boyd could be charged criminally.

When will a civil case take place?

It is not clear when the civil case against Boyd will be scheduled. The case won’t be scheduled until the judge decides on whether Williams will receive immunity under the Stand Your Ground law, which would mean the case against him would be dismissed.

Boyd still faces the civil suit.

What is the status of solicitor’s review of Horry County Police investigation?

Seventh Circuit Solicitor Barry Barnette was asked by Attorney General Alan Wilson in October 2025 to review the shooting death of Spivey, particularly South Carolina Law Enforcement Division’s investigation into the Horry County Police Department’s handling of the case after allegations of police misconduct.

In February, Barnette impaneled a grand jury to review his findings. Information on why a grand jury was convened or what was presented was not released.

It’s also not clear if Barnette will recommend criminal charges be filed against Boyd and Williams. Repeated messages left for Barnette’s office were not returned.

Wilson, in an August 2025 letter regarding his decision not to charge the two men, 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.”

The letter asked Barnette to make any prosecutorial decisions regarding potential misconduct in Spivey’s death.

Is Horry County Police still conducting an investigation?

HCPD originally investigated the shooting death. However, after Spivey’s family raised several concerns about the department’s handling of the case and alleged misconduct by officers, many of whom were friends with Boyd, both the Attorney General’s Office and SLED were asked to review the case.

An internal investigation by HCPD led to at least five officers - including one who resigned and another terminated for their role in the case - being accused of misconduct. Three officers were disciplined after seven videos of officers’ dash cam footage from the night of the shooting was discovered. The footage was said to be mislabeled.

HCPD had previously said that their internal investigation was ongoing. A message left for the department about the status of the investigation was not immediately returned on Friday.

The officer investigation came after 90 audio recordings and hundreds of text messages from Boyd and officer body cam footage showed that Boyd was allegedly getting preferential treatment because of his relationship with officers on the force.

One of those recordings was a call between then-Horry County Police Department Deputy Chief Brandon Strickland, who told Boyd he was working “in the shadows” to help him.

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

Strickland was forced to resign in March and is currently under criminal investigation by SLED related to his conduct with Boyd’s case. Longtime officer Paul Damon Vescovi also was terminated for “conduct unbecoming of an officer” and other policy violations related to his actions on the case.

The termination came after Vescovi’s body camera footage at the scene showed him writing “Act Like a Victim” and “Camera” on a notepad that he showed to Boyd.

What’s the status of suit filed by Boyd against Spivey family attorney Mark Tinsley?

Mark Tinsley, the attorney for the Spivey family, presented evidence during the four-day civil hearing in Horry County.

Boyd filed a lawsuit against Tinsley in November 2025, claiming that the lawyer engaged in false narratives about the shooting to boost “his celebrity status.”

Boyd said that Tinsley manipulated media outlets, creating a “media firestorm” that has “permanently harmed” his chances of receiving a fair trial in any court in the state.

Mark Tinsley questions a crime scene detective on Day 3 of a Stand Your Ground hearing being held for Weldon Boyd, owner of Buoys on the Boulevard, and Kenneth “Bradley” Williams in the shooting death of Scott Spivey.
Mark Tinsley questions a crime scene detective on Day 3 of a Stand Your Ground hearing being held for Weldon Boyd, owner of Buoys on the Boulevard, and Kenneth “Bradley” Williams in the shooting death of Scott Spivey. Jason Lee jlee@thesunnews.com

Tinsley has filed several motions in the suit, including asking a judge to dismiss the suit. A hearing for the motions has been set for March 2-4 in Horry County. Tinsley also has asked for a continuance in the case.

Boyd seeks a trial for a declaratory judgment against Tinsley. The suit says that Boyd is waiving any claim of damages against the attorney, seeking equitable relief only, which requires a person to stop doing something rather than paying money.

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