SC Governors' Diverging Views on Scott Spivey Shooting Case

South Carolina's Stand Your Ground Law and the Controversial Shooting of Scott Spivey

The South Carolina Attorney General’s Office has maintained its stance that the shooting death of a North Carolina man, Scott Spivey, falls under the state’s "Stand Your Ground" law. This decision has sparked significant controversy, especially after the case became a focal point for public scrutiny and political debate.

The incident occurred on September 9, 2023, when Weldon Boyd and Kenneth “Bradley” Williams engaged in a shootout with Spivey along Camp Swamp Road near Longs, South Carolina. The two men have not been charged, claiming they acted in self-defense. According to the state’s Protection of Persons and Property Act, individuals can use force—including deadly force—without a duty to retreat if they reasonably believe they are in imminent danger.

Attorney General Alan Wilson stated that after a thorough review of the evidence, including eyewitness accounts, toxicology reports, video footage, and forensic analysis, the Office concluded that the Stand Your Ground law applied in this case. Multiple career prosecutors reached the same conclusion, and the legal analysis remains unchanged.

However, Spivey’s family and other officials have raised concerns about the decision, particularly as new information has emerged regarding alleged corruption and mishandling of evidence by Horry County Police. These issues came to light after a civil lawsuit was filed against Boyd and Williams.

Spivey’s sister, Jennifer Foley, filed a wrongful death suit, questioning how someone could follow another person for nine miles, shoot them, and then claim self-defense. The case has become a political issue, especially as Wilson runs for governor of South Carolina. Nancy Mace, a Republican congresswoman also vying for the governor’s seat, has criticized Wilson’s handling of the case.

Mace recently addressed the issue during a campaign event in Myrtle Beach, stating that law and order are missing in the state. She highlighted the existence of tape recordings suggesting Spivey was terrified before his death and mentioned body cam footage where a note reading “Act like a victim” was given to the shooter. Mace emphasized that the attorney general should investigate further, given the circumstances of the shooting.

Boyd, who owns a restaurant in North Myrtle Beach, and Williams claimed that Spivey brandished a weapon while driving and later fired at Boyd’s truck. Horry County Police determined that Spivey’s actions led to the exchange of gunfire. Under the Stand Your Ground law, individuals have the right to defend themselves if they reasonably believe they are in imminent danger. The law provides immunity in certain cases where deadly force is deemed lawful.

Wilson’s office reiterated its commitment to justice, stating that it would reevaluate the case if new material evidence comes to light through ongoing civil proceedings, further investigations, or new reports to law enforcement.

Family Pushes for Answers

Boyd followed Spivey for nearly nine miles along Highway 9 before turning onto Camp Swamp Road. On the day of the shooting, Boyd called 911, reporting that Spivey was pointing a gun at him and threatening to shoot. He claimed he would shoot back if the situation escalated.

After both vehicles turned onto Camp Swamp Road, Spivey was killed. Foley has continued to seek answers for her brother’s death. Through her lawsuit, the family obtained hundreds of recorded conversations, text messages, body cam footage, and 911 calls, which raised additional questions about the investigation.

The information revealed allegations of corruption within the Horry County Police Department, including relationships between Boyd, officers, and government officials. The family claims the investigation into Spivey’s death was not conducted properly, and that Boyd’s connections influenced the outcome.

Recorded calls from Boyd’s phone included conversations with former Horry County Police Deputy Chief Brandon Strickland and others the night of the shooting. At least five HCPD officers, including Strickland, have been accused of misconduct. Three were disciplined after seven videos of dash cam footage from the night of the shooting were discovered, reportedly mislabeled.

Paul Damon Vescovi, a patrol division sergeant, was fired in April for violating “conduct unbecoming of an officer.” Body cam footage from the scene showed Vescovi speaking with Williams and Boyd, who was on the phone with his attorney. Boyd then handed the phone to Vescovi, who was later seen holding a note that read, “Act like a victim” and “Camera.”