What does Attorney General’s ruling mean for the Scott Spivey case?

David Hucks

Last Wednesday, while Nancy Mace was politicking in Myrtle Beach on the Scott Spivey case, S.C. Attorney General Alan Wilson made his official ruling.

Wilson’s ruling, “After a thorough review of the investigative file presented to us by law enforcement, the Attorney General’s Office provided SLED our legal opinion that South Carolina’s “Stand Your Ground” law was applicable in the shooting case of Scott Spivey.”

Understanding the Impact of the Scott Spivey Case on Legal Precedents

U.S. Representative Nancy Mace is focusing on keeping her campaign for Governor of South Carolina in Horry County active by highlighting Alan Wilson’s choice regarding Scott Spivey, even though Wilson’s decision implies that Weldon Boyd will not face any criminal charges.

Wilson is the ultimate legal state authority on the matter. Attorney General Wilson applied SC Legal Code 16-11-44 which states:

(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

Wilson wrote: The legal analysis of this case was reviewed by multiple career prosecutors within the Office of the Attorney General, who all reached the same conclusion. 

Nancy Mace and Alan Wilson, both competing for the South Carolina Governor’s office in June 2026, are the current frontrunners in the race.

The battle in Horry County appears to be concluding for Weldon Boyd, yet intensifying between these two candidates.

Here is the press release Wilson put out last Wednesday

AUG 06, 2025

Statement from the Office of South Carolina Attorney General Alan Wilson on the shooting of Scott Spivey

(COLUMBIA, S.C.) – After a thorough review of the investigative file presented to us by law enforcement, the Attorney General’s Office provided SLED our legal opinion that South Carolina’s “Stand Your Ground” law was applicable in the shooting case of Scott Spivey. The legal analysis of this case was reviewed by multiple career prosecutors within the Office of the Attorney General, who all reached the same conclusion.  We have continued to review all information and evidence provided to us by law enforcement, including eyewitness statements, toxicology reports, video evidence, and forensic analysis. Our analysis has remained the same.  

Under South Carolina’s Protection of Persons and Property Act, individuals have the right to defend themselves if they reasonably believe they are in imminent danger. Also known as the “Stand Your Ground” statute, immunity from prosecution is provided in certain circumstances where the use of deadly force is deemed lawful.     

Our office takes every loss of life seriously and remains committed to pursuing justice. If new material evidence comes to light, whether through the ongoing civil proceedings, further investigation, or new reports to law enforcement, we are fully prepared to reevaluate the case. 

We encourage anyone with relevant information to contact law enforcement. The pursuit of justice does not expire, and we remain open to all credible evidence that could change the legal landscape of this case.  

Wilson's key assistant
S.C. Attorney General Alan Wilson

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