The second shooter in the killing of a North Carolina man along a Horry County road nearly three years ago has been denied immunity in the case.
Circuit Court Judge Eugene Griffith Jr. ruled Friday that Kenneth “Bradley” Williams’ testimony didn’t align with and contradicted other evidence in the case.
The judge cited testimony from Frank McMurrough, a key witness who was driving by when the shooting occurred, in his decision McMurrough said that he saw Spivey exit his vehicle with his gun down by his side, pointing at the ground, and the gun was locked back, indicating it was not in firing position. The judge also included an abundance of other evidence, including Boyd’s 911 calls where he told a dispatcher, “he’s trying to run from me now” and “I’m going to stay with him.”
The judge said in his order that Boyd’s decision to abandon “their stated destination and continue pursuing Spivey toward his home demonstrates that the defendants were engaged in an unlawful pursuit rather than a defensive action.”
The ruling means that a wrongful death lawsuit filed against Williams and Boyd by Spivey’s family will move forward. The judge last month denied Boyd immunity.
“I hope they feel as terrified and trapped and hopeless as Scott (Spivey) did when they were chasing him,” Mark Tinsley, the attorney for Spivey’s family, said by text Friday.
A message left for Morgan Martin, the attorney for Williams, was not immediately returned.
O’Bryan Morgan, attorney for Williams, said by text Friday that “immunity is always an uphill battle, but we are disappointed in the ruling.
“Ultimately, it will be clear that (Williams) acted in self defense and was put in this position through no fault of his own,” Morgan said.
The Darlington man testified last month during a four-day Stand Your Ground hearing in a Horry County courtroom that he “had no other option” but to go along with Boyd’s decisions, including following Spivey and ultimately turning down Camp Swamp Road where the shooting took place.
The law, and how it’s being interpreted, stands at the center of the fatal shooting that has attracted national attention amid allegations of police misconduct by Horry County Police in an effort to protect Boyd.
Williams and Boyd, a North Myrtle Beach restaurant owner, are facing a wrongful death lawsuit by Spivey’s family. The lawsuit accuses the two men of chasing the 33-year-old for miles after a road rage incident and then shooting and killing him on Sept. 9, 2023, along Camp Swamp Road in the Longs area.
Jennifer Foley, the sister of Scott Spivey, and Deborah Spivey, his mother, react to the judge’s ruling that immunity would not be granted for Weldon Boyd in the wrongful death lawsuit filed by the family. On Feb. 20, Day 4 of a Stand Your Ground hearing is being held for Weldon Boyd, owner of Buoys on the Boulevard, and Kenneth “Bradley” Williams in the shooting death of Scott Spivey. Boyd and Williams have been named in a wrongful death lawsuit by the Spivey family in his shooting death nearly three years ago. The hearing will determine if the pair are granted immunity under South Carolina’s Stand Your Ground law. Jason Lee jlee@thesunnews.com
The hearing was to determine whether Williams and Boyd would receive immunity from the civil action under the state law, which allows people to use deadly force to protect themselves. South Carolina’s law specifically eliminated the duty to retreat when a person is somewhere they have a right to be.
After the hearing that ended on Feb. 20, Griffith denied immunity to Weldon Boyd, who will now have to continue with the civil process. However, Griffith didn’t immediately make a decision on Williams – giving his attorneys additional time to file orders on whether Williams should be granted immunity as well. That deadline was on March 6.
“We are grateful for the judge’s decision to deny immunity for both shooters,” said Jennifer Foley, Spivey’s sister. “ Scott deserves justice and finally the wheels of justice are starting to turn.”
Friends claim self-defense in deadly shooting
Boyd and Williams both claim self-defense in the deadly shooting. They have avoided criminal charges in the case after the state Attorney General’s Office said their actions fell under the Protection of Persons and Property Act, commonly referred to as Stand Your Ground law.
Weldon Boyd sits in a Horry County courtroom Tuesday, Feb. 17, 2026, during a Stand Your Ground hearing. The hearing will determine if Boyd and his friend, Kenneth “Bradley” Williams will be granted immunity under the state law and avoid a civil lawsuit filed by the family of Scott Spivey, who was shot and killed by the two men on Camp Swamp Road in the Longs area on Sept. 9, 2023. The two men have not been charged criminally after their actions were determined to be self-defense under the law. Keith Alan Jacobs For The Sun News
During last month’s hearing, both Boyd and Williams testified that Spivey was driving erratically, eventually running Boyd off the road, and waving and pointing a gun at drivers, including Williams. The two men called 911 and claim to have only followed Spivey to alert police of his location. The pursuit eventually led to the shooting, which both men assert was self-defense after Spivey fired at them first.
And while Williams did tell Boyd to “back up” when he realized Spivey was going to shoot, he also testified that he didn’t “disagree with what Weldon did.”
“I didn’t see what he was doing wrong. He called police to let them know of a man with a gun. (Spivey) was a danger to everyone around him,” Williams testified.
The judge in his ruling on Boyd said he doubted Boyd’s credibility, citing evidence presented during the civil hearing, including audio recordings taken from Boyd’s phone where he describes that he “chased” Spivey and had a “f***ing blast” during the shooting, contributed to his decision.
Williams was a part of those recordings and could be heard saying he had no “remorse” for Spivey and laughing with Boyd about Spivey’s death.
This story was originally published March 6, 2026 at 4:42 PM.
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