CONWAY, S.C. (WPDE) — A judge denied immunity for another defendant in a case stemming from the shooting death of Scott Spivey in Horry County.
In an order addressing an immunity hearing, the court said it “weighed and evaluated every witness and all evidence presented” and, after “weighing the evidence of whether Kenneth Bradley Williams is entitled to immunity,” found “the scales remain unmoved.”
Judge Eugene Griffith found that Williams “did not meet his burden of proving he was entitled to immunity,” and denied “Williams’ Motion to Dismiss on the grounds of immunity under the Act.”
The action involves the shooting death of Spivey by Weldon Boyd and Kenneth “Bradley” Williams.
According to testimony summarized in the order, Spivey was driving on Highway 9 in Horry County on Sept. 9, 2023, when he began driving erratically and engaged in road rage incidents with several drivers. Some witnesses testified they saw him holding a handgun.
Boyd was driving a truck pulling a trailer loaded with items he had purchased at Tractor Supply, with Williams as his passenger. Boyd pulled out of the Tractor Supply parking lot onto Highway 9, traveling in the same direction as Spivey, and intended to continue toward a farm he owns in Loris. The route would have taken him past Camp Swamp Road, which intersects with Highway 9 about nine miles from Tractor Supply.
At some point, Spivey passed Boyd on the right, and Williams testified that Spivey pointed a handgun at him.
Witnesses said the pursuit lasted from five to nine miles. Boyd eventually called 911 to report Spivey’s activities and remained on the call for the rest of the pursuit.
RELATED: Boyd denied immunity in ‘Stand Your Ground’ hearing for Spivey case
Williams testified that he took pictures of Spivey’s vehicle because Spivey’s conduct was scary. Williams conceded they pursued Spivey for a long way in excess of the speed limit, though he maintained he did not know exactly how fast they went. On cross-examination, Williams testified he recognized immediately that Spivey was a danger, but did not tell Boyd to stop the pursuit, ask to be let out of the vehicle, or insist they not turn onto Camp Swamp Road or drive up to Spivey.
Williams admitted there was nothing that kept them from discontinuing the pursuit, but Judge Griffith says Boyd was angry after Spivey ran them off the road into the median.
Spivey turned off Highway 9 onto Camp Swamp Road, and the defendants turned onto Camp Swamp Road as well, instead of proceeding along their intended route.
Both defendants claimed they only drew their weapons after or about the time Spivey fired, despite evidence to the contrary. Boyd testified he had to drop his phone to draw his weapon, while Williams testified he had to retrieve his gun from a bag located in the floorboard of the truck.
Judge Griffith said that the testimony “does not align with and is contradicted by other evidence.”
The Judge cited testimony from Frank McMurrough, an independent eyewitness traveling in the opposite direction on Camp Swamp Road. McMurrough testified he drove past Spivey’s truck as Spivey exited with his gun down by his side, pointed to the ground, and that the slide was locked back, indicating the gun was not in firing position.
Williams’ attorneys argued in their plea for immunity that Bradley tried to get Boyd to leave the scene once he felt in danger,
At the moment deadly force became necessary, Spivey was armed and standing outside his vehicle, and he had moved the arm holding his firearm upward toward the occupants of Williams’ vehicle. Williams immediately attempted to order retreat by directing the driver to back away, yet an imminent threat of deadly force was present. Under South Carolina’s Protection of Persons and Property Act, such circumstances constitute lawful defensive conduct.
Judge Griffith already denied Weldon Boyd’s request for immunity under the State’s Stand Your Ground defense. This order means both men could still be held liable for civil penalties in Spivey’s death.
