In a significant development, the Judge dismisses Boyd Tinsley lawsuit, marking a pivotal moment in this ongoing legal battle.
A Horry County judge on Thursday dismissed a lawsuit that North Myrtle Beach businessman Charles Weldon Boyd had filed against the attorney representing the family of Scott Spivey — the Tabor City, N.C., insurance adjuster Boyd shot and killed during a September 2023 road-rage pursuit on Camp Swamp Road in the Longs area of Horry County.
The Scott Spivey referenced throughout this case is the 33-year-old North Carolina man killed in the 2023 incident, not Barry Spivey, the current Horry County administrator. The two are unrelated.
Horry County Court of Common Pleas Judge B. Alex Hyman granted the motion to dismiss filed by Allendale attorney Mark B. Tinsley, who represents the Spivey estate and Spivey’s sister, Jennifer Foley, in a pending wrongful death suit against Boyd. The order, signed June 18, 2026, ends — at least for now — Boyd’s attempt to use a civil court order to constrain Tinsley’s public commentary about the case.
Judge dismisses Boyd Tinsley lawsuit: Key Takeaways
What the Lawsuit Alleged
Boyd’s complaint, filed in the Horry County Court of Common Pleas in November 2025, was framed as an action for declaratory judgment and equitable relief — not a defamation suit. The distinction is significant. Boyd did not seek monetary damages. He sought a judicial declaration that Tinsley’s conduct in the public arena was improper.
The complaint alleged that Tinsley “manufactured, disseminated and perpetuated a false narrative” through media outlets, and that he “intentionally engaged in conduct prejudicial to the interests of justice.” Boyd’s theory: Tinsley’s interviews, podcast appearances, and selective release of body camera and dashcam footage tainted the jury pool and prejudiced Boyd’s right to a fair trial in the related civil and criminal matters.
Boyd was represented by Desa Ballard of Ballard & Watson in West Columbia and co-counsel Kenneth Moss. Ballard’s practice focuses heavily on professional ethics, attorney licensing, and civil litigation — the niche from which an attorney-against-attorney filing would typically originate.
Boyd is the owner of Buoys on the Boulevard, a restaurant in North Myrtle Beach.
What Judge Hyman Ruled
In an order dated June 18, 2026, Judge Hyman granted Tinsley’s motion to dismiss with a single line of operative language quoted by WPDE: “After careful consideration and review, Defendant’s Motion to Dismiss is respectfully GRANTED.”
The order followed a hearing on June 10, 2026, at which Hyman took the matter under advisement and ruled approximately one week later.
Public reporting on June 18 did not specify the procedural rule under which the case was dismissed, nor whether the dismissal was entered with or without prejudice. The full written order and the case docket number are accessible through the South Carolina Judicial Department’s public index at publicindex.sccourts.org, under a search for Boyd as plaintiff in Horry County Common Pleas. [UNVERIFIED: Rule 12(b)(6) basis; with/without prejudice status — to be confirmed from the signed order.]
Under Rule 203 of the South Carolina Appellate Court Rules, Boyd has 30 days from entry of the order to file a notice of appeal to the South Carolina Court of Appeals.
Background: Camp Swamp Road and the Wrongful Death Suit
The case has its roots in a September 9, 2023 high-speed pursuit that began on South Carolina Highway 9 and ended roughly 9 miles later on Camp Swamp Road in the Longs area of Horry County. Boyd, accompanied by Kenneth “Bradley” Williams, fatally shot Scott Spivey at the end of that chase.
In April 2024, the South Carolina Attorney General’s Office declined to bring criminal charges against Boyd, citing insufficient evidence. Two months later, on June 4, 2024, Jennifer Foley — acting as personal representative of her brother’s estate — filed a wrongful death lawsuit against Boyd and Williams in Horry County Court of Common Pleas. Tinsley, of the Allendale-based firm Gooding & Gooding, P.A., represents the estate and Foley in that case.
The investigation into the shooting itself remained active after the AG’s declination. In March 2025, the Horry County Police Department asked the FBI and the South Carolina Law Enforcement Division to review the case. Boyd’s criminal exposure has continued to evolve since the current criminal charging status as of June 19, 2026.
In February 2026, Horry County Circuit Judge Eugene Griffith Jr. denied Boyd’s claim of “stand your ground” immunity in the wrongful death case, citing in part secretly recorded phone conversations in which Boyd appeared to discuss the incident with law enforcement and to attempt to minimize his role.
Why Boyd Sued Tinsley
Tinsley is one of South Carolina’s better-known plaintiff-side personal injury attorneys, with a statewide profile that grew sharply after the 2019 wrongful death suit he filed on behalf of the family of Mallory Beach, the teen killed in a boat crash involving Paul Murdaugh, helped expose the financial frauds that ultimately ended the Murdaugh family’s legal career.
Boyd’s complaint argued that Tinsley applied that same media-forward approach to the Spivey case, releasing video, granting interviews, and appearing on podcasts in ways that Boyd’s lawyers said poisoned the well for any jury he might one day face. The declaratory action sought a judicial finding that Tinsley’s conduct crossed a professional line.
Tinsley’s defense was led by John Thomas Lay Jr., a shareholder at the Columbia and Charleston firm Gallivan, White & Boyd, P.A. The firm’s name is unrelated to plaintiff Weldon Boyd. Lay is a civil trial and professional liability defense specialist and has held leadership roles in the International Association of Defense Counsel and the South Carolina Defense Trial Attorneys’ Association.
In his motion, Lay characterized Boyd’s complaint as “not only sour grapes” but “an attempt at an end around the wrongful death lawsuit.” At the June 10 hearing, Lay told the court there is “nothing unethical about talking to the media in a lawsuit” and asked Hyman to dismiss what he called “this bunch of foolishness.” Lay also warned that allowing the suit to proceed would invite a wave of satellite litigation — “in every lawsuit … there’s gonna be a lawsuit” — every time an attorney spoke publicly about a case.
Ballard, arguing for Boyd, told the court that Tinsley “sought celebrity status by creating a false media narrative” and alleged that Tinsley had violated a gag order and disclosed confidential information.
The court’s dismissal addresses the legal sufficiency of Boyd’s complaint. It is not a finding on the underlying truth or falsity of the parties’ competing characterizations of Tinsley’s media conduct.
A Separate Proceeding Readers Should Not Conflate
On June 9, 2026 — nine days before Hyman’s dismissal — Boyd’s legal team filed a separate motion in the underlying wrongful death case asking Judge Eugene Griffith to recuse himself. That motion alleges Griffith had a conversation with Tinsley about a possible immunity-for-testimony arrangement involving co-defendant Williams, outside the presence of Boyd’s counsel.
That filing is a different motion, before a different judge, in a different case. The Hyman dismissal of Boyd v. Tinsley does not resolve, dispose of, or affect the recusal motion pending before Judge Griffith. The wrongful death suit remains active.
Attorney Comments and Party Responses
Tinsley declined to comment on the dismissal, according to coverage by WPDE and the Post and Courier. Ballard could not be reached for comment as of June 18 reporting, and Boyd’s team has not announced whether they intend to appeal.
No public statement has been released by John T. Lay Jr. on behalf of Tinsley beyond his courtroom arguments. Boyd has not personally commented on the ruling.
MyrtleBeachSC News has reached out to Ballard, Tinsley, and Lay for comment and will update this story as responses come in.
What’s Next
Boyd has 30 days from entry of the June 18 order to file a notice of appeal. Whether he does will be the first signal of how Boyd’s legal team intends to proceed after losing this front.
The underlying wrongful death case in Horry County remains active. Judge Griffith still presides over it pending the recusal motion. Tinsley continues to represent the Spivey estate and Foley in that litigation. Williams remains a co-defendant.
Boyd’s criminal exposure is a separate and evolving track. The Attorney General’s April 2024 declination was issued before the HCPD requested the FBI and SLED review in March 2025. [UNVERIFIED: any subsequent charging decisions arising from those reviews.]
For readers tracking the case, the South Carolina Judicial Department’s public index at publicindex.sccourts.org allows search by party name in Horry County Common Pleas — both for Boyd v. Tinsley and for the underlying Foley wrongful death action.
Conclusion
A circuit judge in Conway has ended Boyd’s effort to use a declaratory judgment action against the attorney representing the family of the man he shot. The dismissal does not resolve the wrongful death suit, the pending recusal motion, or any question about Boyd’s criminal exposure. It does close — at least at the trial-court level — one front Boyd had opened against Tinsley personally.
Open questions remain: whether Boyd will appeal, whether the dismissal is with or without prejudice, and how the recusal motion before Judge Griffith will move. Each will be reported as the docket develops.
## Further Reading
– WPDE — “Judge dismisses Boyd’s lawsuit against Scott Spivey family attorney” — https://wpde.com/news/local/judge-dismisses-boyds-lawsuit-against-scott-spivey-family-attorney-camp-swamp-road-rage-shooting-north-myrtle-beach-granted-dismissal-judge-weldon
– Post and Courier — “Mark Tinsley, Weldon Boyd lawsuit dismissed” — https://www.postandcourier.com/myrtle-beach/news/mark-tinsley-weldon-boyd-lawsuit-dismissed-scott-spivey/article_c2df5b50-37b3-4fe2-96d9-77296c617053.html
– WMBF News — “Judge weighs dismissal in lawsuit filed by restaurant owner against attorney in road rage case” — https://www.wmbfnews.com/2026/06/11/judge-weighs-dismissal-lawsuit-filed-by-restaurant-owner-against-attorney-road-rage-case/
– WMBF News — “Attorney for estate of man killed in Horry County road rage shooting responds to lawsuit” — https://www.wmbfnews.com/2025/12/04/attorney-estate-man-killed-horry-county-road-rage-shooting-responds-lawsuit/
– WMBF News — “Boyd asks judge to recuse himself in Spivey lawsuit, alleges immunity-for-testimony deal” — https://www.wmbfnews.com/2026/06/16/boyd-asks-judge-recuse-himself-spivey-lawsuit-alleges-immunity-for-testimony-deal/
– WPDE — “Weldon Boyd sues SC attorney over media strategy in Spivey case” — https://wpde.com/news/local/weldon-boyd-sues-sc-attorney-over-media-strategy-in-spivey-case-mark-tinsley-perpetuating-false-narrative-scott-declaratory-judgment-horry-county
– WBTW — “Attorney representing family of man killed in 2023 road rage shooting seeks dismissal” — https://www.wbtw.com/news/grand-strand/horry-county/attorney-representing-family-of-man-killed-in-2023-road-rage-shooting-seeks-dismissal-of-lawsuit-filed-by-weldon-boyd/
– Post and Courier — “Scott Spivey attorney Weldon Boyd lawsuit” — https://www.postandcourier.com/myrtle-beach/news/scott-spivey-attorney-weldon-boyd-lawsuit-sc/article_7c6a05f0-4b90-435d-a602-a1895f65a662.html
– South Carolina Judicial Department Public Index — https://publicindex.sccourts.org
– South Carolina Bar attorney lookup — https://www.scbar.org/lawyers/for-the-public/find-a-lawyer/
