CONWAY — State Attorney General Alan Wilson has asked another South Carolina prosecutor to review the investigation of Scott Spivey’s death, including whether Wilson’s office was correct in deciding not to bring criminal charges against the men who shot and killed him.
The Oct. 3 letter was sent to Seventh Circuit Solicitor Barry Barnette, who was asked to examine the findings of a State Law Enforcement Division (SLED) investigation into potential misconduct by Horry County police officers in their handling of the Spivey case. As part of that review, Wilson requested that Barnette consider “whether the alleged misconduct changes the facts and evidence that resulted in the original conclusion” not to pursue criminal charges.
“I request that you make any prosecutorial decisions and handle the prosecutions as to misconduct and include the death of Scott Spivey if you find the current investigation, including the alleged misconduct, changes the analysis of my office,” Wilson wrote.
Spivey, a 33-year-old from Tabor City, N.C., was shot and killed by North Myrtle Beach businessman Weldon Boyd and his friend Bradley Williams on Sept. 9, 2023. Both men claimed they acted in self defense.
Wilson’s office initially decided against bringing charges last year, and in August he released an announcement reaffirming his position that the shooting was justified. Wilson is in the middle of a heated campaign for governor and he’s faced criticism for his decisions in the case, particularly from opponent Nancy Mace.
Mace has said Wilson is “refusing to investigate the death and the killing of Scott Spivey.”
Multiple state lawmakers from Horry County have also urged Wilson to revisit the investigation of Spivey’s death.
The case began generating national headlines earlier this year after a lawsuit filed by Spivey’s sister Jennifer Foley uncovered calls that Boyd had recorded with his close friend and former HCPD Deputy Chief Brandon Strickland.
During those calls, Strickland told Boyd he had called the captain over investigations and 15th Circuit Solicitor Jimmy Richardson after learning about the shooting.
“You were taken care of,” Strickland told Boyd.
Strickland, who has been a focus of the SLED probe into potential HCPD misconduct, resigned from the department in March.
Another officer, Damon Vescovi, was fired April 30 for his actions during the shooting. In Vescovi’s case, police said he was fired for policy violations and conduct unbecoming an officer, but his ouster came after Spivey family attorney Mark Tinsley informed state police about body camera video taken at the shooting scene that showed Vescovi holding up a note to Boyd with “Act like a victim” and “camera” written on it, alerting Boyd that he was being recorded.
Reached Oct. 9, Tinsley said he was unaware of Wilson’s request for an outside solicitor’s review, but he did note that the attorney general’s office had reached out to schedule a meeting between Wilson and the Spivey family next week.
Strickland’s attorney, Bert von Herrmann, said he learned of Wilson’s letter on Oct. 9. He noted that Wilson had previously drawn a distinction between the misconduct investigation and the original shooting and “now they’re opening everything up.”
“This is purely politics,” he said. “This is purely the attorney general and the governor’s race.”
Von Herrmann said his client provided a statement to SLED several weeks ago but otherwise has heard little from the agency. He said the slow pace of the investigation has upended Strickland’s life and devastated his family. He maintains his client is innocent and the calls haven’t revealed anything criminal.
“My client did nothing wrong,” he said. “It’s been investigated backwards and forwards.”
A case steeped in controversy and questions
On the day of the shooting, Boyd was driving and Williams was a passenger in a white 2022 Dodge Ram TRX, according to public records. They had stopped at Tractor Supply Co. in Little River and planned to visit Boyd’s Loris-area blueberry farm.
Spivey had been drinking Miller Lite and Fireball whisky at a North Myrtle Beach bar called Boardwalk Billy’s, according to SLED’s report. He left in a 2021 black Chevrolet Silverado.
Police have said the men had not met each other before that day.
Boyd and Williams encountered Spivey shortly after 5:45 p.m. near the intersection of S.C. highways 57 and 9, records show. Williams told police Spivey had been driving erratically and pointed a gun at them. Boyd said Spivey had brake checked him, causing him to run off the road.
Boyd followed Spivey and called 911, telling a dispatcher there was another driver who had a gun and if he saw it again he would take Spivey out, adding “He’s speeding up. Trying to get away from me,” according to court records.
Spivey turned onto Camp Swamp Road, which is about nine miles outside Loris. He then stopped his vehicle and an altercation with Boyd ensued.
Boyd told police that Spivey jumped out of the truck and started shooting at them, prompting him to return fire, according to a police report. The driver’s side door of Spivey’s truck was open, and police found him slumped over the center console. A handgun with the slide locked back was under his hand, according to the report.
Spivey died at the scene. An autopsy found he had been shot in the back.
Spivey’s family has pointed out that Boyd pursued Spivey in his truck before the shootout erupted, and they question whether Boyd’s ties to the Horry County Police Department influenced the decision not to bring charges.
County police initially investigated the shooting, but they later asked for SLED’s help after Boyd wrote a Facebook post thanking the HCPD and the 15th Circuit Solicitor’s Office for their work on the case. Richardson, the local solicitor, also turned over prosecutorial decisions to the AG’s office.
A key part of the case is the concept of “Stand your ground.” This is South Carolina’s application of the Castle Doctrine, a legal principle that protects a person’s right to defend themselves in their home against an intruder. The state law also extends the principle to “occupied vehicles.”
Wilson has described Spivey’s death as a “Stand your ground” case.
Attorneys representing Boyd and Williams could not immediately be reached for comment.