By Paul Gable
Circuit Court Judge Eugene Griffith, Jr. ruled last week that the second shooter, Kenneth Bradley Williams, in the September 9, 2023 fatal shooting of Scott Spivey, was denied stand your ground immunity in a lawsuit brought by the Spivey family.
This decision, along with the identical decision by the judge denying immunity to Weldon Boyd, the other shooter in the case, means the lawsuit will move forward.
Spivey was shot multiple times by Boyd and Williams at the end of an approximately nine-mile pursuit after Spivey apparently cut off Boyd’s vehicle on Hwy 9. According to an exhibit in the case, speeds exceeding 100 mph were attained in the pursuit.
Evidence in the case included 911 calls by Boyd in which he said, “he’s (Spivey) trying to run from me (Boyd) now…I’m going to stay with him.”
A key comment by the judge in the ruling stated a decision by Boyd to “change their stated destination and continue pursuing Spivey toward his home demonstrates the defendants were engaged in an unlawful pursuit rather than a defensive action.”
The initial criminal investigation of the shooting by the Horry County Police Department concluded a finding that it was an act of self defense in accordance with the state’s Stand Your Ground Law. Jimmy Richardson, the 15th Circuit Solicitor, asked the State Law Enforcement Division to review the county’s investigation and recused his office, which includes Horry County, from the case.
In April 2024, the Attorney General’s office sent a letter to SLED declining to prosecute the criminal case because it determined the shooting was self defense pursuant to the stand your ground law.
The case drew national attention after recordings of phone calls by Boyd to Horry County police officers became public in 2025. The content of those phone calls raised an outcry by the public, including allegations of corruption within the Horry County Police Department in its handling of the initial investigation. One comment from a police officer to Boyd said he (Boyd) was “being taken care of.” Another told Boyd to “act like a victim.”
One source told Grand Strand Daily it was as if officers of the HCPD were putting their fingers on the scale of justice to help a friend. Another said officers from the department should have never spoken to Boyd by phone immediately after the incident because police are required to investigate potential crimes without any prejudice.
In April 2025, Horry County Administrator Barry Spivey sent a letter to SLED Chief Mark Keel requesting the investigation be reopened. Horry County Council Chairman Johnny Gardner sent a letter to Governor Henry McMaster asking the governor to intervene and urge SLED to investigate.
In October 2025, Wilson requested 7th Circuit Solicitor Barry Barnette to review the investigation. More recently, a grand jury was impaneled to investigate possible police misconduct in the handling of the original investigation by HCPD into the Spivey shooting.
The decision by Judge Griffith now means the lawsuit against Boyd and Williams can proceed and criminal charges against one or both could be brought because the circuit court judge ruled the Stand Your Ground Law does not apply to this incident.
First Circuit Solicitor and Attorney General candidate David Pascoe said the proper way to handle the incident would have been to investigate the alleged crime, gather the evidence, bring charges where appropriate and take the case to a judge for a determination of whether ‘stand your ground’ applies or not.
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