'Not Fair to My Family': Spivey's Sister Accuses South Carolina AG of Politicizing High-Profile Death

South Carolina Attorney General Rules Road Rage Killing as Self-Defense

In a recent decision that has sparked significant controversy, the South Carolina Attorney General, Alan Wilson, ruled that the 2023 road rage killing of Scott Spivey in Horry County was an act of self-defense. This ruling came after a thorough review of the investigative file provided by the South Carolina Law Enforcement Division (SLED). The case involves a tragic incident where Spivey, a 33-year-old from Tabor City, was shot and killed on September 9 along Camp Swamp Road in the Loris area.

The incident occurred when Spivey was involved in an altercation with Kenneth Williams and Weldon Boyd, the owner of Buoy’s on the Boulevard, a well-known establishment in North Myrtle Beach. According to the findings, Boyd acted in self-defense under the state's stand your ground law. Wilson emphasized that multiple career prosecutors within his office reviewed the legal analysis and reached the same conclusion. They examined all available evidence, including eyewitness statements, toxicology reports, video footage, and forensic analysis.

Boyd did not immediately respond to a voicemail requesting comment on the ruling. However, Spivey’s sister, Jennifer Foley, expressed her disbelief and frustration with the decision. She stated that she does not believe the attorney general’s office thoroughly reviewed all new evidence. Foley also mentioned that her family only learned about the second review by the AG’s office when Wilson announced it publicly.

“I don’t want my family to be political collateral for anyone,” Foley said. “I think that we have been through enough with what public agencies have done to us so far. And here’s another example of a public agency using us as political gain or a political grenade at someone else. And that’s not fair to my family.”

The altercation reportedly took place just before 6 p.m. on Highway 9, involving Spivey in a black Chevrolet Silverado pickup and the other men in a white Dodge Ram pulling a trailer. Police found Spivey dead in his front seat, hunched over his center console with a handgun just beneath his hand. Local authorities initially concluded that Spivey provoked the situation, leading to Boyd’s self-defense claim.

However, about a week later, 15th Circuit Solicitor Jimmy Richardson asked the South Carolina Attorney General’s Office to review the shooting after Boyd posted a “thank you” message on Facebook shortly after the incident. In April 2024, the AG’s office declined to prosecute Boyd due to insufficient evidence. Two months later, Spivey’s family filed a civil wrongful death lawsuit against Boyd.

A trove of evidence handed over to Foley as part of the civil suit revealed claims of a botched investigation and potential friendly ties between Boyd and law enforcement. These revelations have led to further scrutiny of the case and its handling.

Wilson, who is among five Republicans vying to replace Gov. Henry McMaster next year, issued his findings less than an hour before Mace’s appearance at a Myrtle Beach restaurant. Mace has criticized Wilson for being soft on crime, using the Spivey case as an example.

Foley’s attorney, Mark Tinsley, expressed disappointment with Wilson’s decision, stating that it appears to be politically motivated. Mace, in an emotional 11-minute address to the Horry County Council, called for a special prosecutor to re-examine the case, emphasizing the need for a thorough investigation.

Horry County Councilman Danny Hardee also urged Wilson to take action, suggesting that the AG should prioritize the needs of the community over political considerations. Governor Henry McMaster acknowledged the concerns raised by the public but emphasized the importance of good law enforcement.

Despite the controversy, Foley remains hopeful that the case will be revisited by a judge, who will provide the final ruling. News13 also reached out to Governor McMaster’s office and Lt. Governor Pamela Evette’s campaign, but both had no comment on the matter.

The case continues to draw attention, with many calling for transparency and accountability in the handling of such incidents. As the legal process unfolds, the community awaits a resolution that addresses the concerns of all parties involved.