The Scott Spivey case has been extensively covered in the media. It has also been subjected to intense scrutiny in the court of public opinion.
Last Monday, comprehensive details of the Spivey case were presented to the 15th Circuit Court. Eye-opening revelations, which had not been fully published by various bloggers, news outlets, and clickbait influencers provided clarity on the events that transpired.
MyrtleBeachSC News spent a full week attempting to edit the Spivey court case for our viewers. We found that impossible.
Despite the overwhelming coverage, many crucial aspects remained underreported.
We are choosing to publish the document in full. Our viewers can then make their own decisions about what happened.
An item of note catching our attention were the gunshots being fired from the black truck Spivey was driving, per witness statements. Example:
Mrs. Lindsay McMurrough, also a witness, provided a Voluntary Statement (HCPD-000269), stating that:
“My husband & I were headed to Avista Resort, traveling from Richmond. As we were driving I was playing on my phone, my husband was driving. He yelled out Get Down! A man is out of his truck w/ a gun. I ducked my head down in the floor board & heard gun shots. We were driving directly beside the shooting. My husband told me to call 911. We called 911, & gave them the street name. My husband told 911 what he saw.”
(Ex. 20, HCPD-000269.)
Mrs. Lindsay McMurrough provided further information when she was interviewed at the scene by HCPD Detective McQueen.
“Detective McQueen: Okay. Did — did you see — so you didn’t really see any of it?
Mrs. McMurrough: No.
Detective McQueen: Okay. Alright. Well, I wanted to get you to do that —
Mrs. McMurrough: I hear gunshots, I am down.
The tension escalated as the decedent’s behavior became increasingly erratic.
As a result of the media firestorm, North Myrtle Beach businessman Weldon Boyd sued Allendale attorney Mark Tinsley in the Horry County Court of Common Pleas on Nov. 3, 2025. Tinsley has known connections to vlogger Mandy Matney and other social media influencers.
Boyd believes the narratives posted by these outlets are biased and incomplete.
While Boyd recorded inflammatory calls he received post-shooting, the complete narrative below outlines the events as they unfolded, presenting a stark contrast to those sensational recordings.
If you wish to skip the foundational issues, scroll down this page to the header titled SCOTT SPIVEY CASE AS IT HAPPENED, located further down the page.
This case highlights the complexities of self-defense laws and the impact of media narratives on public perception.
If you wish to skip the foundational issues, scroll down this page to the SCOTT SPIVEY CASE AS IT HAPPENED header located on the page in yellow below.
First the case foundation
The Defendants are seeking immunity, dismissal with prejudice, and an award of reasonable attorneys’ fees and costs. This case involves civil claims asserted against the Defendants on behalf of the Estate of Scott Ryan Spivey. Mr. Spivey was killed in a gunfire exchange after firing his weapon at the Defendants on September 9, 2023. The events preceding this shooting were investigated for months by the Horry County Police Department (HCPD) and the South Carolina Law Enforcement Division (SLED).
Unknown to the Defendants, the decedent began driving erratically in a black truck, acting aggressively toward multiple motorists, and specifically targeted the Defendants by brandishing and pointing a handgun at Defendant Williams, who was Defendant Boyd’s front-seat passenger. Defendant Boyd called 911 and remained on the line for roughly eight minutes, narrating the decedent’s movements and the events as they unfolded from the time of the call.
Eyewitness accounts play a crucial role in understanding the context of this case. The Decedent escalated the confrontation when he turned off South Carolina Highway No. 9 onto Camp Swamp Road in an apparent design to ambush the Defendants. As the Defendants were turning onto Camp Swamp Road in order to keep the 911 dispatcher informed about the decedent’s location, the decedent: 1) abruptly stopped his truck; 2) got out of his truck with a gun in hand; 3) racked his gun to load it; 4) began to walk toward Defendant Boyd’s truck while raising his gun in the direction of the Defendants; and 5) began to fire his weapon at the Defendants.
These testimonies provide critical insights into the events leading up to the incident.
Multiple independent eyewitnesses corroborate the Defendants’ narration of the decedent’s driving and gun handling. Witnesses reported that the black truck weaved through lanes, repeatedly brake-checked the white truck, and at one point forced it off the road near a grocery store. They recounted seeing the black truck driver wave and point a handgun at them and other passing vehicles. Another witness described the black truck stopping suddenly, the driver in a blue shirt jumping out while yelling with a pistol whose slide was locked to the rear, and the white truck’s driver pointing a handgun from within his vehicle.
Beyond eyewitness testimony, the defense references investigative materials compiled over months by local police and the state investigative division. These include the lead detective’s interviews, the crime scene documentation, and forensic testing. Toxicology reportedly revealed a blood alcohol concentration of approximately 0.13 coupled with cannabinoids in the decedent’s system. An inventory of the decedent’s vehicle yielded multiple blue capsules later confirmed by laboratory analysis to contain an anabolic steroid. These findings support impairment, disinhibition, and volatility consistent with the erratic driving and aggressive use of a firearm described by witnesses. The defense stresses that prosecutors declined criminal charges against either Defendant after reviewing the investigative record, and while not dispositive in the civil context, they argue this outcome underscores that the evidence does not support treating Defendants as aggressors.
This alarming chain of events highlights the volatile nature of the confrontation.
Within this factual framework, the within memorandum asserts Defendants’ legal theory around the core elements of self-defense required to obtain immunity. First, they contend they were without fault in bringing on the difficulty. They emphasize that the decedent initiated the confrontation on the highway by menacing motorists with a gun, targeted the passenger defendant by aiming a pistol at his head while driving alongside, and continued a pattern of threats and vehicular aggression culminating in the decision to stop on the side road, exit armed, rack the slide, and aim at the white truck. The defense maintains they did not provoke or escalate; rather, they attempted to disengage, called 911 followed the decedent in order to keep the 911 dispatcher apprised of decedent’s actions and location, and were forced to defend themselves only after the decedent fired.
Second, Defendants both assert they faced imminent danger of death or great bodily injury. That belief is evidenced by the decedent’s display and pointing of a handgun, his racking of the slide, his advance toward the white truck, and his initiation of gunfire. The memorandum references contemporaneous statements captured on the 911 call, immediate post-incident statements to officers, and consistent witness accounts as proof of the defendants’ subjective fear. The Defendants also anchor their position in the principle that an individual is permitted to act on appearances; a belief of imminent peril need not be correct in hindsight if it was reasonable at the moment, particularly when confronted with an armed assailant actively firing.
Third, the Defendants argue a reasonably prudent person would have shared the same belief of imminent danger. The objective circumstances include a visibly armed individual acting erratically in traffic, intentionally brake-checking a towing vehicle at speed, forcing it into a median, and then stopping, exiting with a pistol, cycling the action, advancing, and firing at close range. The within memorandum emphasizes that these facts demonstrate an immediate and grave threat that would compel defensive action by any ordinary person in the defendants’ position. It also highlights the vulnerable posture of the Defendant Boyd’s truck, towing a trailer that limited maneuverability, space to retreat, and speed of egress, particularly on a narrow two-lane side road with passing traffic and the decedent’s truck blocking one lane of traffic.
Fourth, while the traditional element concerning retreat is excused under the framework invoked here, the defendants nonetheless contend that alternatives short of defensive force were not reasonably available once the decedent exited and opened fire. The trailer length and weight, the geometry of the roadway, cross traffic, and the short time span between the decedent’s advance and his initial shots are presented as practical barriers to safe retreat. The Defendants note their attempt to reverse when the passenger yelled to back up, explaining the driver’s momentary confusion between gear-selector locations in two different personal trucks, but maintains that even an immediate reverse would not have outpaced incoming fire and could have exposed third parties to risk.
There is a statutory presumption specific to occupied vehicles: when a person unlawfully and forcibly seeks to enter or commits a forcible act involving an occupied vehicle, the occupant is presumed to hold a reasonable fear of imminent peril justifying deadly force.
On the threshold requirements often raised to contest immunity, the memorandum argues the defendants were not engaged in unlawful activity at the time of the incident and were in places they had a right to be. They were traveling on public roads in a lawfully operated vehicle, returning from a retail stop, and ultimately stopped on a public side road when the decedent positioned himself ahead of them and initiated the close-quarters armed encounter. In addressing potential counterarguments, the defense urges the court to apply a proximate-cause analysis: even if any technical traffic or firearm irregularity were alleged against defendants, it did not proximately cause the armed confrontation, which arose from the decedent’s independent, intervening, and superseding conduct of brandishing, aiming, and firing a handgun at Defendants. The Defendants also note that the presence of tinted glass on the decedent’s vehicle and the defendants’ limited line of sight during the second exchange of shots support the reasonableness of their perception that the decedent continued to pose a deadly threat from within his truck.
This memorandum acknowledges one witness whose later statement diverged in certain respects from the dominant narrative, but the Defendants characterize those inconsistencies as outweighed by multiple independent and contemporaneous accounts, physical evidence of glass damage and ballistic impacts, and the recorded 911 call that aligns with the Defendants’ timeline. Notwithstanding her inconsistencies with post shooting accounts, this witness does corroborate the decedent’s independent, intervening, and superseding conduct of brandishing, aiming, and firing a handgun at Defendants. The defense also observes that the post-incident conduct of the driver Defendant was consistent with efforts to preserve the scene and protect bystanders: remaining on site, discouraging others from approaching the decedent’s vehicle, and coordinating with arriving officers. These actions, they argue, are inconsistent with consciousness of guilt and support the credibility of their defensive account.
The Defendants contend that on the current record, the greater weight of the evidence demonstrates that the decedent was the aggressor, the Defendants were lawfully in a protected space where they had a right to be, the Defendants’ belief of imminent peril was both actual and objectively reasonable, and Defendants’ responsive use of force was justified under the governing statutes, thereby conferring immunity from civil suit. In summary, the Defendants position their request as the precise function contemplated by the immunity statute: to spare justified Defendants from the burdens of criminal or civil prosecution when the evidence establishes lawful self-defense in the face of an immediate deadly threat.
The “Stand Your Ground Law,” as the Act is commonly known, was enacted by the South Carolina General Assembly in 2006 and provides a person “is immune from criminal prosecution and civil action for the use of deadly force” in circumstances that are permitted by the Act or by another provision of law. S.C. Code Ann. §; The Act codified the common law Castle Doctrine and extended its reach. State v. Glenn, 429 S.C. 108, 117, 838 S.E.2d 491, 495 (2019) (citing S.C. Code Ann. § 16-11-420(A)); State v. McCarty, 437 S.C. 355, 878 S.E.2d 902 (2022). “Under the Castle Doctrine, ‘one attacked, without fault on his part, on his own premises, has the right in establishing his plea of self-defense, to claim immunity from the law of retreat, which ordinarily is an essential element of that defense.’” Glenn, 429 S.C. at 117, 838 S.E.2d at 495–96 (alteration in original) (quoting State v. Jones, 416 S.C. 283, 291, 786 S.E.2d 132, 136 (2016)).
In codifying the Castle Doctrine, the General Assembly extended the Doctrine, not only to one’s home, but to other places where he has the right to be, including an occupied vehicle. S.C. Code Ann. § 16-11-440(A) expressly provides:
(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:
(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and
(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
S.C. Code Ann. §!– /wp:paragraph –>
THE TRIAL COURT’S ROLE
South Carolina Circuit Courts are called upon to apply the Act in a gatekeeper fashion. If a defendant establishes entitlement to immunity under the Act, then the Circuit Court is required to grant the defendant immunity from prosecution in both criminal and civil actions. The Supreme Court of South Carolina reaffirmed and clarified the Circuit Court’s role in McCarty, supra. There the Court stated:
II. STANDARD OF REVIEW
“Circuit Courts utilize pretrial hearings to determine whether a defendant is entitled to immunity under the Act, employing a preponderance of the evidence standard.” State v. Cervantes-Pavon, 426 S.C. 442, 449, 827 S.E.2d 564, 567 (2019). This Court, in turn, reviews an immunity determination for an abuse of discretion. Id. “An abuse of discretion occurs when the [circuit] court’s ruling is based on an error of law or, when grounded in factual conclusions, is without evidentiary support.” State v. Jones, 416 S.C. 283, 290, 786 S.E.2d 132, 136 (2016).
III. DISCUSSION
A. Circuit Court’s Role as Factfinder
Petitioner’s first point asserts the court of appeals erred in upholding the denial of his motion for immunity because the circuit court abdicated its role as the fact-finder when it ruled [437 S.C. 366] a jury, not the court, must decide whether the individual Petitioner was, without fault in bringing on the difficulty. To where he has a right to be”[5] has no duty to retreat and may use deadly force if he reasonably believes it is needed to (1) prevent death or great bodily injury to himself [878 S.E.2d 909] or another, or (2) prevent the commission of a violent crime. We emphasize the General Assembly’s use of the word “prevent” because it underscores the Act’s protective focus; its terms do not require the undesirable harms to occur before defensive action is justified. Subsection (C) provides in full as follows:
(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.[6]
Id. § 16-11-440(C) (emphasis added).
This Court has previously recognized that, while the Act clearly affords immunity from prosecution, it contains no procedures or standards for its implementation. As a result, the Court has found it necessary, in a series of decisions, to fill such gaps judicially, where the General Assembly has not specified the procedures legislatively. See State v. Duncan, 392 S.C. 404, 409, 709 S.E.2d 662, 664 (2011). (“Whether immunity under the Act should be determined prior to trial is an issue of first impression in this state. Further, the Act does [437 S.C. 368] not explicitly provide a procedure for determining immunity.”); State v. Manning, 418 S.C. 38, 43, 791 S.E.2d 148, 150 (2016) (“Neither the Act, nor Duncan, sets forth a specific type of hearing or procedure to be followed when a criminal defendant claims immunity under the Act.”); State v. Cervantes-Pavon, 426 S.C. 442, 452 n.4, 827 S.E.2d 564, 569 n.4 (2019) (“While the Act does not require a written order upon an immunity determination, specific findings of fact and conclusions of law are critical to reviewing courts, particularly given the gravity of the circumstances these cases necessarily involve.”).
In Duncan, one of our earlier decisions, we made several fundamental determinations as matters of first impression. We found the Act requires a pretrial ruling by the circuit court—and did not simply create a new affirmative defense—because the General Assembly has expressly provided an individual will be “immune from criminal prosecution.” Duncan, 392 S.C. at 410, 709 S.E.2d at 665. We further determined in Duncan that the circuit court should utilize a preponderance of the evidence standard of proof when considering whether a defendant is entitled to immunity under the Act, and an appellate court should review the circuit court’s ruling to determine if it is supported by the evidence. Id. at 411, 709 S.E.2d at 665.
Thereafter, in the 2013 case of Curry, we found it necessary to “interpret what we believe[d] to be the legislative intent regarding a trial court’s authority to weigh the underlying claim of self-defense in determining an accused’s entitlement to immunity.” State v. Curry, 406 S.C. 364, 371, 752 S.E.2d 263, 266 (2013). We concluded a defendant must show, by a preponderance of the evidence, that he has a valid claim of self-defense and reasoned the circuit court must, therefore, consider all of the elements of self-defense—except the duty to retreat:
Consistent with the Castle Doctrine and the text of the Act, a valid case of self-defense must exist, and the trial court must necessarily consider the elements of self-defense in determining a defendant’s entitlement to the Act’s immunity. This includes all elements of self-defense, save the duty to retreat.
[437 S.C. 369] Id. (emphasis added); accord Jones, 416 S.C. at 300–01, 786 S.E.2d at 141. We noted there are four elements to establishing a claim of self-defense, as outlined below:
First, the defendant must be without fault in bringing on the difficulty. Second, the defendant must have actually believed he was in imminent danger of losing his life or [878 S.E.2d 910] sustaining serious bodily injury, or he actually was in such imminent danger. Third, if his defense is based upon his belief of imminent danger, a reasonably prudent man of ordinary firmness and courage would have entertained the same belief. If the defendant actually was in imminent danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life.[7] Fourth, the defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in this particular instance.
Curry, 406 S.C. at 371 n.4, 752 S.E.2d at 266 n.4 (quoting State v. Davis, 282 S.C. 45, 46, 317 S.E.2d 452, 453 (1984)). We reiterated, however, that “[i]t is the fourth element—the duty to retreat—that is excused under the Act and the Castle Doctrine.” Id.
The same year Curry was published, the Court addressed what it characterized as “dicta” appearing in the Duncan decision regarding the procedure for appeal in immunity cases. See State v. Isaac, 405 S.C. 177, 185, 747 S.E.2d 677, 681 (2013). Specifically, we clarified that, while the grant of a motion for immunity is immediately appealable because it is a final order that ends the case, the denial of a motion is distinguishable because it is not a final order ending the case and, consequently, the denial of a motion for immunity is not immediately appealable. Id. at 182–85, 747 S.E.2d at 679–81. In addition, we determined there was no evidence of legislative intent that the Act apply retroactively, so we found the [437 S.C. 370] protections of the Act did not extend to a case where the underlying incident occurred prior to the Act’s effective date. Id. at 186–87, 747 S.E.2d at 681–82.
More recently, the Court revisited the Act and concluded the circuit court should perform a proximate cause analysis when considering the requirements in subsection 16-11-440(C) that the person attacked must be someone who was “not engaged in an unlawful activity” and was in a “place where he ha[d] a right to be.” See State v. Glenn, 429 S.C. 108, 124, 838 S.E.2d 491, 499 (2019) (“We [ ] hereafter require Circuit Courts during pretrial Duncan hearings to conduct a proximate cause analysis before determining whether a person seeking immunity under the Act satisfies subsection 16-11-440(C), if applicable.”).
We explained that “analyzing a defendant’s ‘right to be’ in a place where he is attacked under [sub]section 16-11-440(C) without considering proximate cause or a causal connection to the incident leaves an innocent person’s ability to seek the Act’s protection up to happenstance, which we [ ] do not believe was the intent of the Legislature.” Id. at 119–20, 838 S.E.2d at 497. Further, we found “a proximate cause analysis must also be applied to the unlawful activity element of subsection (C).” Id. at 120, 838 S.E.2d at 497; see also id. at 120 n.4, 838 S.E.2d at 497 n.4 (“Here, the circuit court properly applied a proximate cause analysis to examine whether Glenn was engaged in unlawful activity at the time of the incident. In its oral ruling, the court found Glenn was not engaged in any unlawful activity—despite the fact he was carrying an illegal weapon at the time of the shooting—because his possession was not the proximate cause of the incident.”).
State v. McCarty, 437 S.C. 355, 878 S.E.2d 902 (2022).
As confirmed by the Supreme Court in McCarty, the court requires that a pretrial evidentiary hearing be conducted to determine whether immunity from criminal prosecution under the Act exists. State v. Duncan, 392 S.C. 410, 709 S.E. 2d 662 (2011). The Supreme Court explained the Act “did not simply create a new affirmative defense—because the General Assembly has expressly provided an individual will be ‘immune from criminal prosecution.’” McCarty, supra, citing Duncan at 410, 709 S.E.2d at 665.
The pretrial evidentiary hearing is required to be conducted before a circuit judge. Id. The Supreme Court also mandated that at such a pretrial hearing, the circuit court must utilize a “preponderance of the evidence” (the greater weight of the evidence standard of proof when considering whether a defendant is entitled to immunity under the Act). Duncan, supra at 410–411. The person seeking immunity under the Act bears the burden of proof.
The Supreme Court further instructed the circuit court that when determining if the Act’s immunity applies to a particular case, the defendant must show, by a preponderance of the evidence, that he has a valid claim of self-defense. Therefore, all of the elements of self-defense must be considered, except the duty to retreat. State v. Curry, 406 S.C. 364, 752 S.E.2d 263 (2013).
In McCarty, supra, the Supreme Court reiterated the elements of self-defense as:
First, the defendant must be without fault in bringing on the difficulty. Second, the defendant must have actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger. Third, if his defense is based upon his belief of imminent danger, a reasonably prudent man of ordinary firmness and courage would have entertained the same belief. If the defendant actually was in imminent danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life.[7] Fourth, the defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in this particular instance.
Again, the Supreme Court has repeatedly stated that “[i]t is the fourth element—the duty to retreat—that is excused under the Act and the Castle Doctrine.” Id. As previously noted, in determining whether a person’s belief or fear of imminent danger is objectively reasonable, the individual has the right to act on appearance, even if that belief is ultimately mistaken. State v. Scott, 424 S.C. 463, 472, 819 S.E.2d 116 (2018). The circuit court should perform a proximate cause analysis when considering the requirements in subsection 16-11-440(C) that the person attacked must be someone who was “not engaged in an unlawful activity” and was in a “place where he ha[d] a right to be.” SeeState v. Glenn, 429 S.C. 108, 124, 838 S.E.2d 491, 499 (2019). Circuit courts are required during pretrial Duncan hearings “to conduct a proximate cause analysis before determining whether a person seeking immunity under the Act satisfies subsection 16-11-440(C), if applicable.” The Court explained that “analyzing a defendant’s ‘right to be’ in a place where he is attacked under [sub]section 16-11-440(C) without considering proximate cause or a causal connection to the incident leaves an innocent person’s ability to seek the Act’s protection up to happenstance, which [the Court did] not believe was the intent of the Legislature.” Id. at 119–20, 838 S.E.2d at 497. Further, [the Court] found “a proximate cause analysis must also be applied to the unlawful activity element of subsection (C).” Id. at 120, 838 S.E.2d at 497; see also id. at 120 n.4, 838 S.E.2d at 497 n.4.
The Court emphasized that a circuit court, as the designated factfinder in a pretrial immunity hearing, must provide adequate findings to support its decision so that an appellate court can perform its role of reviewing the ruling under an abuse of discretion standard. See Cervantes-Pavon, supra, 426 S.C. at 452 n.4, 827 S.E.2d at 569 n.4 (stating “specific findings of fact and conclusions of law are critical to reviewing courts, particularly given the gravity of the circumstances these cases necessarily involve”). Further, the ruling must be based solely on the evidence presented at the pretrial hearing. Id. at 452–53, 827 S.E.2d at 569. While the trial court’s pretrial immunity ruling and the jury’s verdict on a claim of self-defense may apply the same statutory justification standard, the court’s ruling must be based solely on the evidence presented at a pretrial hearing, while the jury’s verdict must be based solely on the evidence presented at trial, which may be considerably different.” McCarty, supra.
DETAILED STATEMENT OF FACTS
SUPPORTED BY REFERENCES TO RECORD DOCUMENTS On the afternoon of September 9, 2023, the Defendants were traveling from North Myrtle Beach to a location near Loris for Defendant Boyd’s family outing. The Defendants were traveling in Defendant Boyd’s truck, with a tandem axle trailer in tow. (Ex. 1, p. 22; Ex. 13, p. 8; Ex. 16, p. 5; Ex. 18, p. 5; Ex. 19, HCPD-000004; Ex. 20, Kenneth Williams, HCPD-000248, and 327; Ex. 21, p. 4.) Defendant Boyd was driving, and Defendant Williams was a front-seat passenger. (Ex. 20, HCPD-000233–234, and 303.) Loaded on the trailer was outdoor furniture. (Ex. 3, p. 4; Ex. 16, p. 5; Ex. 19, HCPD-000004; Ex. 21, pp. 2 and 4.) The Defendants’ route of travel took them along South Carolina Highway 9. (Ex. 1, p. 2; Ex. 3, p. 3; Ex. 20, Kenneth Williams, HCPD-000223, 254, 262, 265, and 268.) The Defendants stopped at the Tractor Supply Store located near Stephens Crossroads to purchase fans. (Ex. 13, p. 4; Ex. 14, p. 3; Ex. 20, HCPD-000225 and 256.) Without incident, the Defendants loaded the newly purchased fans onto Defendant Boyd’s truck and trailer and proceeded along their drive on SC Hwy. 9 toward Loris. (Ex. 13, p. 4; Ex. 20, HCPD-000225 and 256; Ex. 21, p. 2.)
Along the drive, Defendant Williams, the front-seat passenger (Ex. 20, HCPD-000233–234; HCPD-000303), exclaimed to Defendant Boyd that a man driving beside them in the outside lane was acting crazy and pointing a gun at him. (Ex. 14, pp. 3 and 10; Ex. 20, Kenneth Williams, HCPD-000233–234; Ex. 21, p. 2, and p. 4.) When Mr. Boyd turned his attention to the right-hand lane, he observed Mr. Spivey pointing a semi-automatic pistol directly at the head of Defendant Williams. (Ex. 3, p. 58; Ex. 13, pp. 4 and 9–10; Ex. 14, pp. 3 and 11; Ex. 19, Details/ Observations, HCPD-000003; Ex. 21, pp. 2–3.) Mr. Spivey then aggressively accelerated. Defendant Boyd took evasive action and called E911 dispatchers to alert authorities to his location and what had occurred. (Ex. 20, Synopsis, HCPD-000222, and Charles W. Boyd, HCPD-000224; HCPD-000346–347; Ex. 21, pp. 2–3.) The Defendants observed Mr. Spivey aggressively point his handgun at them and at least one other motorist. (Ex. 3, p. 58; Ex. 7, p. 2; Ex. 8, p. 6; Ex. 20, HCPD-000268 and 272–274; Ex. 21, pp. 2–4.)
In an approximately eight (8) minute recorded telephone call, Defendant Boyd narrated Mr. Spivey’s actions and location to E911 dispatchers until after the shooting events when police officers arrived at the scene. (Ex. 20, Charles W. Boyd, HCPD-000224; Ex. 21.) The Defendants’ account of events and the ensuing investigation confirmed that Mr. Spivey was not known to the Defendants and had not communicated or interacted with Defendants prior to the incidents that led to his death. (Ex. 13, pp. 4–5; Ex. 14, p. 3; Ex. 20, HCPD-000225.) The investigation revealed that Mr. Spivey, who was traveling alone in his truck, and for reasons unknown to Defendants, threatened and terrorized numerous motorists with his reckless and erratic driving while brandishing and pointing a semi-automatic handgun at them. (Ex. 1, pp. 1 and 6; Ex. 3, pp. 4–5, 12, 20–23, 25, and 58; Ex. 7, pp. 2 and 4–5, 15; Ex. 8, pp. 5–10, 12–13; Ex. 11, pp. 3–4, 6, 8, 10–11, and 13; Ex. 12, pp. 3–4; Ex. 13, p. 4; Ex. 14, p. 3; Ex. 20, HCPD-000346–347.) These actions took place while Mr. Spivey was driving along South Carolina Highway Number 9 in the Little River and Longs sections of Horry County. (See Ex. 3, p. 21; Ex. 19, HCPD-000002; Ex. 20, HCPD-000222–224, 268, and 272–274; Ex. 21, p. 2.) Set forth immediately below are excerpts of the witnesses’ statements and investigative reports.
SCOTT SPIVEY CASE AS IT HAPPENED
WITNESS STATEMENTS & REPORTS
Throughout the Witness Statements and reports, there are references to the “black truck” (owned by the decedent, Scott Ryan Spivey), and the “white truck” (owned by Defendant, Charles Weldon Boyd).
Prior to the shooting, Ms. Blaize Ward and Mr. Boyd called E911 to report that Mr. Spivey was driving recklessly and pointing and brandishing a weapon. (Exs. 1 and 21.) Both stayed on the telephone with E911 until after the shooting.
Blaize Ward was the first person to call E911:
“Dispatcher: 911 what’s the address of your emergency?
Ms. Ward: I am on Highway number 9 about to come up on, there is, I’m on Highway 9 about to come up on Minute Man and Little Ceaser right here in Longs. There is a guy that is [waving] a gun in front of me trying to shoot at my car and the other ones beside us. He’s all over the road. And I have his license plate number.
Dispatcher: Okay. Okay. He’s [waving] the gun right now? Ms. Ward: He’s waiving it out the window at everybody. I don’t know if he’s under the influence of anything because he’s all over the road. He’s, he just made one guy run off the road completely. And he’s back on the road now. But I’m just, I’m all to hell because I don’t know what —
Dispatcher: Okay.
Ms. Ward: — this man’s doing.”
(Ex. 1, p. 2.)
“Dispatcher: Okay. What color car?
Ms. Ward: He is in a, I’m sorry. He’s in a new body Chevy. It’s a truck. It’s a, a, a GMC I want to say or a Chevrolet.
Dispatcher: Okay. What color?
Ms. Ward: Black.
Dispatcher: Okay. Okay.
Ms. Ward: He is pointing it out the window trying to shoot this car right now.”
(Ex. 1, p. 3.)
“Dispatcher: Okay. And are you headed toward the beach or away from the beach?
Ms. Ward: Away from the beach. So, it looks like he’s going in the direction towards like Loris, that end.”
***
“Dispatcher: Okay. Heritage Park.
Ms. Ward: Yes ma’am. He is, I am, I see his truck now because we’re, I’m, we’re all stuck in traffic. We’re passing the Sonoco gas station also.
Dispatcher: Okay. Alright, just stay on the line with me.
“Ms. Ward: Yes ma’am.
Dispatcher: 1801 Highway 9.
Ms. Ward: I’m not trying to speed ma’am or anything. I’m just, I’m really trying to get away from this guy. Because —
Dispatcher: Okay.
Ms. Ward: — I really don’t want him to like shoot me or nothing.
Dispatcher: Okay and is he following you or is he just driving down the street? Ms. Ward: He’s driving reckless. He’s in [one] lane and there’s [two] trucks behind him and he’s back and forth. (inaudible)
Dispatcher: Okay.
Ms. Ward: He’s getting mad I guess because of traffic but he won’t move out of the way.
Dispatcher: Okay. Alright. Okay. And just stay with me. Do you know what kind of gun it was? Was it a handgun or?
Ms. Ward: Yes ma’am. A little handgun, maybe a, a, a Glock 19 by chance. It looks something similar to that. My dad has one so that’s kind of similar looking.
Dispatcher: Okay. Okay. Alright and, and it’s just that [one] vehicle that’s involved and you —
Ms. Ward: Yes ma’am. He’s the one causing the disruption right now.”
***
“Dispatcher: He’s going toward Loris. Y’all going toward Loris.
Ms. Ward: Yes. And he, he just turned down, okay, what is the road right here. Camp Swamp Road.
Dispatcher: Okay.
Ms. Ward: He is pulled over on the side of the road. Actually, I am not, oh my god, oh my god. I don’t know what’s going on. He’s jumping out of the truck. I’m turning the same way.
Dispatcher: Okay.
Ms. Ward: There is a truck behind him.
Dispatcher: Okay.
Ms. Ward: And —
Dispatcher: Okay. Okay.
Ms. Ward: Oh my god! He’s shooting! Oh my god!
Dispatcher: What happened? What happened ma’am? What happened? Did he fire the gun? Ma’am? Ma’am?
Ms. Ward: He’s, oh my god! Ma’am, I’ve got to move. I’ve got to move.
Dispatcher: Okay.
Ms. Ward: Oh my god!
Dispatcher: Just, just keep, just keep going.
Ms. Ward: Oh my god! Oh my god!
Dispatcher: Okay. Did he shoot at anybody? Ms. Ward: Yes. He’s shooting the truck in front of us. I’m getting off the road.
Dispatcher: Okay. Is he in front of your car?
Ms. Ward: Hey, I just pulled off there, there on Camp, there on Swamp. Oh my god, I’m so sorry.
Dispatcher: Okay, you, you’re on Camp Swamp now?
Ms. Ward: Yes ma’am. But I just, I turned off because he hit my car. And —
Dispatcher: He hit your car?
Ms. Ward: Oh my god. (inaudible) back and down (inaudible) to one of the outer ways off the highway because I turned around like you said. But they’re, I’m watching him, they’re sitting right there.
Dispatcher: Okay, alright, listen. Did you see what he looked like?
Ms. Ward: He’s a white male, he has dark hair.
Dispatcher: Dark hair, okay. Did you see what kind of clothes? Did he get out the car?
Ms. Ward: I didn’t. All I seen was the bullets flying off the window.”
(Ex. 1, pp. 5–9.)
“Dispatcher: So, he’s at Highway 9 and Camp Swamp?
Ms. Ward: Yes ma’am.
Dispatcher: Okay. Okay. And, and did he hit your car with a, with a bullet?
Ms. Ward: It, it either ricochet or either, he shot at me because he was shooting the truck in front of me. And ma’am I don’t know if he killed the guy or not. Because he, he was firing off, off, off, off.
Dispatcher: Okay.
Ms. Ward: I’m not, like I said, I pulled down the road just a little bit because I wanted to turn off. Because once I said, I was like oh my god he shot my car. I don’t know if he actually shot it or the bullet ricochetted [sic]. I just turned around as fast as possible.”
(Ex. 1, pp. 10–11.)
“Dispatcher: Okay. Okay. The people, who’s holding up traffic? The guy with that was, that he was shooting at or who?
Ms. Ward: Yes ma’am.
Dispatcher: Okay.Ms. Ward: That, the black truck that was shooting, that guy, it was a white [male]. I don’t know if it’s a dully or not. But it’s a white truck that was behind him. He got out the truck and I reckon they had an altercation because the man, I’m assuming, he was probably like dude what’s going on, why are you doing that probably more than likely. And then I, the guy just started shooting. But I know he’s a white male with dark hair because I could see him in the truck when he passed me and [waved] the gun.”
(Ex. 1, pp. 11–12.)
“Dispatcher: Okay. Alright so the white truck was the male, he got out the truck and he confront —
Ms. Ward: No —
Dispatcher: — confronting the guy or the guy in the black truck?
Ms. Ward: The, okay. So, the guy in the black truck —
Dispatcher: The guy in the black truck has the gun.
Ms. Ward: Yes ma’am. Yes ma’am.”
(Ex. 1, p. 16.)
“Dispatcher: Okay. Alright, so, you, can you see the black truck from where you are as well? Or just the white truck? I’m trying to make sure we got it the right.
Ms. Ward: Yes ma’am. Just the white truck right now.
Dispatcher: Okay.
Ms. Ward: I can’t, because the black one was in front of him.
Dispatcher: Okay. Camp Swamp and 9.
Ms. Ward: Oh my god this is so crazy.
Dispatcher: Okay. Alright. Well just stay where you are out of the area. And –
Ms. Ward: Yes ma’am.
Dispatcher: — I’ll get them over there to you.”
***
“Dispatcher: Yes ma’am, they going to talk to you.
Ms. Ward: That is completely fine. Because I’m just, I’m, oh god. This mess has my nerves rattled because I don’t know if that man in that white truck is dead or anything. And that, you know, it’s just, it’s traumatizing, you know.
Dispatcher: Alright. Just stay with me on the line here. “Ms. Ward: Yes ma’am.
Dispatcher: Okay.
Ms. Ward: Oh my gosh. I hope that man is okay. God, I hope that man is okay.
Dispatcher: We got some, we got officers coming out there to him.
Ms. Ward: Okay.
Dispatcher: And if, there, no body hasn’t.
Ms. Ward: It’s got to be bad. Everybody is stopped and out of their car. I feel so bad for them. Oh my god.
Dispatcher: Okay. Okay.
Ms. Ward: I’m sorry. I don’t mean to be like all crying on the phone.”
(Ex. 1, pp. 17–19.)
“Dispatcher: Okay. Okay. Okay. Ma’am, what I’m going to do is, another call taker is going to come on the line with you, so you don’t be by yourself. And they going to get —
Ms. Ward: Yes ma’am.
Dispatcher: — somebody to come up and talk to you. But just hold on with me just a minute.
Ms. Ward: Yes ma’am. Thank you so much.
Dispatcher: You’re welcome.
Dispatcher 2: Okay ma’am, I’m here.
Ms. Ward: Yes ma’am, thank you.
Dispatcher 2: Of course. Just let me know if anything changes, okay?
Ms. Ward: I will, thank you.
Dispatcher 2: It’s okay. Just take a deep breath, alright. You did a good job calling it in. That’s brave.
Ms. Ward: Thank you. Thank you. I was, at, at first, whenever I first seen him coming up on the highway, like when it very first started, I seen him right in my tail. And I was like what in the world, why don’t he just go around me. And then he had pointed the gun at me like kind of tapped it on the, like, like that, on his, on his window.
Dispatcher 2: Okay.Ms. Ward: And as he was going through the all, going through all the traffic because he stayed right near like me and the other cars around. And he just kept waiving [sic] it out the window, going on and off the road. Made the guy that actually, I was telling the other lady about, that is in the white truck, that I think had, what he was shooting at. He made that guy run off the road. He had a trailer connected to the back of his truck. He made him run completely off the road. And as we’re still, you know, going down number 9 headed toward like Loris I would say, they pulled right here going on Camp Swamp highway, well road. Because I live back that way on Sandy Plains. So, I’m coming home from work, and I see them go that way. And I already had got kind of fearful anyway because oh my god, he’s turning down the same road as me, you know. And so, I was like oh shit. Well then, I see, I didn’t see him jump out the car but time I’m going to turn in, I have the other lady heard me. I’m like oh my god he’s shooting. I don’t know if one of the bullets, I mean one of the bullets like ricocheted and it like hit my car or if it got shot. But when I yelled that at her, well not yelled at her, but yelled it out —
Dispatcher [2]: Right.
Ms. Ward: — I have no idea. I haven’t got out my car and looked at it because I’m just, my nerves are shot. But I’m, I’m just, I’m nervous because I’m worried about the guy in the white truck because he shot his truck so many times.
Dispatcher 2: I know.
Ms. Ward: And I just, I just hope he is okay.”
(Ex. 1, pp. 20–23.)
Like Ms. Ward, prior to the shooting Mr. Boyd called E911 to report that Mr. Spivey was driving recklessly and pointing and brandishing and weapon. Mr. Boyd stayed on the telephone with E911 dispatcher until the police arrived after the shooting. As set forth more fully in Exhibit 21, Mr. Boyd reported Mr. Spivey’s actions and location to the E911 dispatcher as follows:
“Dispatcher: 911, location of your emergency.
Mr. Boyd: Hey, I’ve got a guy pointing a gun at me driving. We’re armed as well. He keeps throwing the gun in our faces, acting like he’s about to shoot us. If he keeps this up, I am going to shoot him.
Dispatcher: Where you at?
Mr. Boyd: I’m on Highway 9. We’re running, he’s, he’s trying to run from me now. We’re on Highway 9, headed toward Loris.
Dispatcher: Do you have a cross street? Are you on — Mr. Boyd: We just passed Marlow Circle. We’re passing Marlow Circle; we’re heading toward Loris. I’m going to stay with him the whole way. Y’all need to get this guy off the road. He’s aiming guns at people. He racked it, he was about to shoot at us, we pulled our guns out. I don’t know what this dude’s problem is. I’m towing a fucking couch, and he just pulls up next to us and aims a gun at my fucking friend’s head.
Dispatcher: Okay. What’s your name?
Mr. Boyd: I’m Weldon Boyd. I’m staying with him. He’s in a black Chevrolet. His license plate is RC1538. It’s a Michigan, what does, what does that say? North Carolina weighted tag. Chevrolet black pick-up truck.
“Dispatcher: That was RC1538?
Mr. Boyd: We’re passing, yes. He’s aiming guns, listen, this dude shoots at me, we’re going to put him down. He, he’s, I mean this dude’s insane.
Dispatcher: Are you following him or is he following you?
Mr. Boyd: He’s been following us. Now we’re behind him.”
(Ex. 21, pp. 2–3.)
“Dispatcher: Did it start with a road rage incident or did he just pulled up next to you and aimed a gun?
Mr. Boyd: I didn’t do any, I, I was talking to my friend, we’re trailering couches.
Dispatcher: Okay.
Mr. Boyd: And this dude just, my, my buddy’s like, “What the fuck?” And he’s got a gun aimed at us, next to us. Then he tried to slam on brakes and wreck me. Ran me into the grass. He just swerved at me. I need a, I need a trooper fast. Y’all, he may shoot at the cop too man. Tell the cops [we’re] in a white Ram pick-up truck and we are armed. I’m military so it ain’t us, don’t, don’t shoot us. But this dude’s fucking nuts.
Dispatcher: Did he say anything to you or just point the gun at you?
Mr. Boyd: No, he’s turning off the road. I, we, we’re going to keep trying to follow him. But if he starts shooting, dude I don’t know.
Dispatcher: Okay.
Mr. Boyd: Alright so, he’s turning onto Camp Swamp Road.”
These documents reveal critical details that shaped the legal proceedings and public understanding of this case.
***
Witness statements and police reports provide a thorough account of the events surrounding the incident involving Scott Spivey.
Mr. Boyd: Hey, (inaudible) us please.
Dispatcher: Are you guys shooting each other? Hello?
Mr. Boyd: He, he aimed and shot. He held his gun up and aimed right at us. Dude, please come help us man.
Dispatcher: Is anybody shot?
Mr. Boyd: I don’t know. We, I, dude, I don’t want to go over there. This guy will tried to kill us. I don’t know if he’s shot or not man.
Mr. Williams: (inaudible)
Mr. Boyd: He shot fucking first. The dude shot at us bro. Why the fuck would he do that?
Dispatcher: Where are you at?
Mr. Boyd: I’m on Camp Swamp Road.
Dispatcher: You turned off from 9? You’re on Camp Swamp Road?
Mr. Boyd: Yes. This dude, he fucking shot at us. Why the fuck would he do that?
Dispatcher: I don’t know.
Mr. Boyd: Man, what the fuck? Man, he might be dead, we don’t know man.
Dispatcher: Did you hit him?
Mr. Boyd: Why the fuck would he do, why did you fucking do that? How quick can you get me a cop here?
Dispatcher: They’re a coming. You think you hit him?
Mr. Boyd: Yeah, he, yeah, yeah, no. For 100%. He, he, he got out. Held the gun up and then he racked it, and then when he racked we’re, I start, I tried to put the truck in reverse and get the fuck out of here. And then he shot. I don’t know if he shot my truck, I don’t know where it hit. But as soon as he shot, man I shot back. I, I can’t risk my fucking life like that.
Dispatcher: I understand.”
Mr. Boyd: I can’t hear. I, I can’t hear you. I’m in my truck and it’s loud. I’ve got to get out my truck and see if this dude’s alive or not.
Dispatcher: Okay.
Mr. Boyd: Alright. Do I get off the phone? What do I do?
Dispatcher: No, stay on the phone.” (Ex. 21, pp. 5–8.)
“Dispatcher: — are you on Camp Swamp Road?
Mr. Boyd: Do you want me to check to see if the guys alive or not?
Dispatcher: I wouldn’t get too close in case he shoots again. How far from Highway 9 on Camp Swamp are you?
Mr. Boyd: We’re right off the road.
Dispatcher: How far away are, from him are you?
Mr. Boyd: I was trying to back up and get away from him. I’m probably 30 yards.”
***
“Mr. Boyd: He fucking shot at us.
Person 2: I know. (inaudible)
Mr. Boyd: He swerved at me on the road, he held a gun out the window.
Person 3: (inaudible)
Mr. Boyd: Don’t go up there man. The dude’s crazy.
Person 3: (inaudible)
Mr. Boyd: Did you see him do that to us?
Person 4: Yes.
Mr. Boyd: Please fucking stay here and talk to this cop. Please don’t leave.
Dispatcher: Is there an officer there?
Mr. Boyd: No, there’s a guy here who said he watched the dude do all this to us.
Dispatcher: Okay. How far apart are you from the other vehicle?
Mr. Boyd: 30 yards. Please don’t leave, please. He’s, man, how quick, how far out are we?”
***
“Dispatcher: They’re on the way. I’ll stay on the phone with you until they get there.
Mr. Boyd: How far out did you say?
Dispatcher: They’re on the way. Hold on.
Mr. Boyd: Can I call my momma?”
(Ex. 21, pp. 8–10.) Mr. Frank McMurrough and his wife, Lindsay McMurrough, were driving from Glen Allen, Virginia to the Avista Resort in North Myrtle Beach for a work-related event. They happened to be driving by the scene on Camp Swamp at the precise moment the shooting occurred. They pulled off onto Highway 9 to a place of safety and Mr. McMurrough called E911. (Ex. 2.) He reported to the dispatcher the following information:
“Dispatcher: Horry County 911. What’s the address of your emergency?
Mr. McMurrough: I am — I don’t even know. I just came down from a — one second. I am really sorry. Somebody just shot somebody in the middle of the road. I am on the corner of Camp Swamp Road. And somebody just unloaded shots through his windshield and — and shot this guy.
Dispatcher: Okay.
Mr. McMurrough: I’m at the corner of Highway 9 and, Highway 9 and Swamp Creek Road.”
(Ex. 2, p. 2.)
“Dispatcher: Okay. And what’s going on? I know you said shots fired there.
Mr. McMurrough: Okay so a guy got out of his truck. He’s in a black truck. He got out of his truck with a pistol drawn, the — the slide was open. He told the guy, “Do not follow me anymore.” The guy in the white truck had his gun drawn, pointed at him and the guy in the black truck kind of like moved his pistol. And the guy in the white truck just unloaded a complete magazine at the guy. Shot through his back window and I think he might have hit him.
Dispatcher: Okay. And what color of the vehicle, was the vehicle that the individual was in that, actually shot the weapon?
Mr. McMurrough: It’s — it’s — it’s — it’s a white Dodge Ram with a trailer on it. [They’re] both sitting there. I do not see the guy that shot (inaudible) —
Dispatcher: Dodge Ram with trailer.
Mr. McMurrough: — the guy that did the shooting, did not get out of his truck. I’m not going to — Holy shit. I mean I — I was driving by and bullets were going by (inaudible) I’m like —
Dispatcher: And, alright, you’re — you’re okay. And this was into the black truck? What kind of truck was the black truck? Mr. McMurrough: The black truck looks like a Dodge Ram too. He shot at the guy and completely blew out his back window. I don’t know if there’s kids in that car. I don’t know who’s in that car, but I mean he just unloaded into the truck.”
(Ex. 2, pp. 3–4.)
“Dispatcher: Alright we do have; we do have a call in there. So, then we are going to have people responding out there, okay? I just want you to keep yourself safe as well.
Mr. McMurrough: (inaudible) I know I saw it. I just want to check on him. Okay. I know — I know. Okay, okay. Yeah. Okay. Alright. Okay. I’m still here.
Dispatcher: Okay, I’m just listening to what’s going on, okay? Alright, where are you exactly in relation to those vehicles?
Mr. McMurrough: I’m behind them. I just spoke to the driver in the white truck. I’m backed up off of [Camp] Swamp Road on Highway 9.”
(Ex. 2, pp. 5–6.)
“Dispatcher: Alright. Alright.
Mr. McMurrough: Yeah, the guy in the black truck jumped out with a pistol. The guy in the white had his pistol pointed at him obviously (inaudible) the guy in the black jumped out with a pistol. That guy was — the pistol moved it; the guy just shot.
Dispatcher: Okay.
Mr. McMurrough: I don’t know who — I don’t know who shot first. But I — I just know that the guy in the white, you know once, oh boy. I think he’s dead. I can’t even see him. I don’t know if he’s off in the woods, if he ran, if he’s in his truck. I wanted to pull up to see if he’s okay. I just don’t want to get shot at.
Dispatcher: Okay. That’s no problem. I want you to keep your — I want to keep you and your passenger safe in there, okay?
Mr. McMurrough: I think they both returned fire at each other. Nobody knows where the gentleman in the black truck is. No one. Like we can’t see him.
Dispatcher: Okay.
Mr. McMurrough: He is not — just when the officers — I just want the officers to be safe when they get here.
Dispatcher: And you said no one knows what, where the driver from the black truck is?
Mr. McMurrough: No. Yeah, he — he.
Dispatcher: And Mr. Frank — Mr. McMurrough: Okay. Ma’am. So just — just so you know, there’s somebody else that saw it. The guy in the black truck was trying to run the white truck off the road. Like literally drove the white truck off the road. He was like way down at Longs when it started. The guy in the black truck was chasing the white truck down, trying to drive him off the road. Then, that’s — I guess what he’s — when he got out with his pistol and that’s when I saw it. But there’s other people here that said this guy’s been chasing this guy in the white truck for a couple miles now, trying to drive (inaudible) —
Dispatcher: Okay.
Mr. McMurrough: — trying to throw him off the road, so.”
(Ex. 2, pp. 8–10.)
“Dispatcher: Could you get me the license plate numbers? On the vehicles, on the trucks? If [you’re] close enough and if it’s safe enough?
Mr. McMurrough: Yeah. The white truck looks like 5572. He’s got a — he’s got a black — I cannot see the Chevy.
Dispatcher: Okay.
Mr. McMurrough: I cannot see the Chevy.
Dispatcher: Alright. And all you can get off the white truck is the 5572?
Mr. McMurrough: Yeah, I think it’s like a 1 or a V but it looks like a 5572. That gentleman is on — also on the phone with 911. He called himself, I think.”
***
“Mr. McMurrough: … Yeah. No, that black’s been chasing this guy for miles, I guess. The black trucks been chasing this guy miles. They saw the whole thing. And then the black truck stopped, the guy jumped out with a pistol. Yeah. Yeah, I’m on the phone with 911. I told her.
Person 1: He got out, and then had a gun. He racked it (inaudible) and I mean we just — you can’t do that.
Mr. McMurrough: He’s dead? Guys dead. He’s dead.
Dispatcher: Okay. Which truck? The driver of which truck?
Mr. McMurrough: Driver of the black truck is dead. The guy in the — the guy in the white truck walked up to check on him and he said he’s dead. Oh my god.
Dispatcher: Okay. I am putting that in here, okay? We are having officers come there. There is an officer coming down Highway 9 right now.
Mr. McMurrough: Right now, there is some witnesses. The driver of the white truck does not have a firearm on him. Everyone’s calmed down. But he just said he’s — he walked up and saw him and the guys dead. Dispatcher: Okay. Alright, we do have officers coming there, okay?
Mr. McMurrough: Yes, ma’am thank you.
Dispatcher: Do not disturb anything in that truck. And if you can, go ahead and tell people around there not to disturb anything in there either, okay?
Mr. McMurrough: Okay. Alright.
Dispatcher: And you said you still don’t know whether the driver of the white truck is?
Mr. McMurrough: Hey, hey sir, sir, sir, sir, do you know where the driver is?
Person 2: He’s in his seat right now.
Mr. McMurrough: He’s — he’s in his truck, in his seat right now. They don’t want – they said he’s deceased. They don’t want us to go near the truck or touch anything until they get here.
Person 2: Okay, the other guy told, okay.
Mr. McMurrough: Just so you know.
Dispatcher: Yeah, we do have an officer coming down there, okay? He’s coming down —
Mr. McMurrough: Okay.
Dispatcher: — Highway 9 now. But I’m going to stay on the phone with you until he arrives, okay?
Mr. McMurrough: Yeah. That white pickup truck is a Veteran South Carolina tag with the 5572.
Dispatcher: Okay.”
(Ex. 2, pp. 10–14.)
“Dispatcher: … If the officer wants to speak with him. Alright, is the officer there on scene now?
Mr. McMurrough: Yes, he’s talking to the gentleman in the white truck that shot with the other guy.”
(Ex. 2, p. 15.)
HCPD Officers arriving at the scene began to interview Mr. Boyd, Mr. Williams, and the other witnesses.“Officer: So, what happened?
Mr. Boyd: This guy [Spivey], he – I don’t know where he came from. I’m trailering a couch. All of a sudden, I look over, and he’s got a gun aimed at us, on the highway. And [codefendant] Bradley’s like freaking out. So, I slow down, then he starts swerving, he ran me off the road and at —
Mrs. Wright: We were behind them.
Mr. Boyd: — at 60 miles an hour. I was almost in the ditch about to wreck. All this I thought fell out. When I went to turn —”
***
“Mr. Boyd: When we turned that way, he’s — he’s [Spivey] stopped in the road. Got out, had a Glock, started pointing at me like that. Bradley’s [codefendant] saying back up. I’m trying to get backed up. He [Spivey] racks the Glock and when I see him do that I went for my pistol, he [codefendant] went for his pistol. He [Spivey] aimed it and he fired.”
(Ex. 3, pp. 4–5.)
“Mr. Boyd: He fires, maybe 3 more times while in the truck. We fired again. Because I don’t know if he’s got a bea[d] on us or not.”
***
“Mr. Boyd: We stopped when he was (inaudible). And then he started shooting again. And then we just shot more.”
(Ex. 3, pp. 6–7.)
“Mr. Boyd: He [codefendant] started telling me to back up, I was shocked (inaudible).”
***
“Mr. Boyd: He [Spivey] could have shot us both while we were trying to back up if we didn’t defend ourselves.”
(Ex. 3, pp. 7–8.)
“Officer: Where did you first see him at?
Mr. Boyd: I don’t even know where we were because I was just driving. And he said, what the. I don’t remember the word. But I looked over and the guy’s just got a Glock hanging out the window at us.
Mr. Williams: Yeah, he passed by, he was pointing the gun at us. I was like, Weldon do you know him? And then he kept hanging it out the window, hanging it out the window, and then he would get over into the right lane and slow down.
Mr. Boyd: He, he brake checked me. That’s what they saw. Ran me into the ditch. How I didn’t flip, I don’t know. Mr. Williams: Yeah, he was pushing us off the road.
Mr. Boyd: And that’s why we, I’m like, we got all this in the truck bed. So, he, they sped off down this road. But we pulled in, we’re going to pull right here and strap this stuff or make sure nothing fell out. He’s parked there, door swings open. Why would someone do that?”
(Ex. 3, pp. 58–59; HCPD-000346–347.)
Witnesses Terry and Monica Wright were also interviewed by HCPD Officers at the scene. Although they did not witness the actual shooting event, they had been driving behind both of the vehicles involved for approximately ten (10) miles and described what they had witnessed.
“Mrs. Wright: That black truck come flying by us. We had, we had already, this truck had already passed us…. Anyway, this truck had already [passed] us.
Officer: The white truck?
Mrs. Wright: The white truck. And that black truck come flying by us. And then he got around some traffic and he, it looked like he got over back in the, in the right lane. And when he got ahead of that white truck, he hit brakes because I seen his truck —
Officer: [On] Highway 9?
Mrs. Wright: On Highway 9. All of this, I mean this is going on, we were. Actually, the red light got us and then we couldn’t get caught back up. I said, “Terry that looks bad.” Anyway, that black truck got over in front of him, slammed on brakes. 3 or 4 times I could see the brake —”
(Ex. 3, pp. 20–21.)
“Mrs. Wright: So, brake lights, brake lights. Just a lot of brake lights that I seen. But the black truck would keep whipping and whipping and this one was trying to get away from that black truck. I could see him trying to change lanes to get away from him. Everywhere the white truck went, the black truck would go.
Mr. Wright: And, and —
Mrs. Wright: And slam on brakes. Then one time they were in the left-hand lane. Black truck slammed on brakes. This one couldn’t do nothing but go into the grass. You could see the dirt a flying from where he had —”
***
“Mr. Wright: It started right out of the Bell area. Mrs. Wright: Colonial. Colonial Charters is about where we —
Mr. Wright: Right in there, yeah. It started about the hospital down there.”
(Ex. 3, pp. 22–24.)
Later, HCPD Detective McQueen conducted an interview with Mr. Wright at the scene. After being interviewed, Mr. Wright provided a handwritten Voluntary Statement of what he had observed. (Ex. 20, HCPD-000268.)
“Detective McQueen: Okay. So y’all were headed —
Mr. Wright: Yeah.
Detective McQueen: — down 9 towards Loris?
Mr. Wright: That’s right.
Detective McQueen: Okay. And can you tell me what you saw?
Mr. Wright: Well, the black truck passed us kind of crazy. Run right up on the bumper, and he — he whipped over there. And then there was another car over there, and he whipped back over there. And he was driving fast and erratic and stuff. So, he got up to this truck and he got on their bumper and was just kind of sitting there on their bumper right on. And then he whipped out and went around him, passed him, got in front of him, and then throwed on brakes. Not to a complete stop but it’s slowing them down, alright?
Detective McQueen: Okay.
Mr. Wright: But then he kind of took on back off. This happened (inaudible) happened several times.
Detective McQueen: Okay.
Mr. Wright: All the way from there to here, that’s 10 miles.”
(Ex. 11, pp. 3–4.)
“Mr. Wright: But, to — to cut to the chase, every time these guys tried to do anything, the truck did the opposite. He would take off, they would — they would try to get some speed up and he’d run up, get in front of them, throw on brakes, slow them back down.
Detective McQueen: Okay.
Mr. Wright: And then he got back over in the other lane, and they started trying to get beside him. And he just come right over and ran them down in the media[n]. Detective McQueen: Okay.
Mr. Wright: They were down to the flat part of the media[n] and — and he sped up. They come back out, and he started repeating the same thing.
Detective McQueen: Okay.
Mr. Wright: And then he — then they were — that was right after that, I think. That he had a — a gun out the window. He had the gun out the window.
Detective McQueen: The black truck?
Mr. Wright: The black truck, yeah.”
***
(Ex. 11, pp. 5–6.)
“Detective McQueen: Okay so he was passing them on the right?
Mr. Wright: Yeah and pointing it at them,”
***
“Mr. Wright: They kept getting in front of him, slowing down stopping. Not stopping, slowing him down. And they’d try to get back around, he’d take off. And then, sometimes he — they’d get by him, and he end up back behind them. And he run back up behind him and back around him. It was a constant thing (inaudible) 10 miles back yonder.
Detective McQueen: Yes sir.
Mr. Wright: And they just keep on doing that. This — they harassed him all the way from there. And we lost them right back down here at the red light. And we could still see them up ahead. But we lost them. So, what happened from that red light to here, we don’t know.”
(Ex. 11, pp. 6–7.)
“Detective McQueen: Okay. So y’all didn’t really hear any of that?
Mr. Wright: We didn’t hear a shot or see a shot here. We came back because we knew this fellow in the black truck was acting like just — I mean he was dangerous.
Detective McQueen: Okay.
Mr. Wright: I mean very — very dangerous to these people in — in the white truck.”
(Ex. 11, p. 8.)“Detective McQueen: About where — where were y’all — do — excuse me sir, sorry. About where were y’all at when y’all noticed the truck, how erratic he was driving?
Mr. Wright: About he came around us.
Detective McQueen: Okay.
Mr. Wright: And he — he whipped out on it. He was just — and then he whipped, there was another car there, and he whipped back over here. Like he was hunting that truck.
Detective McQueen: Okay.
Mr. Wright: And then that’s when he ran right up on the truck, right ahead of us.
Detective McQueen: Did you — do you know about where — where he passed you all at?
Mr. Wright: It was way back, because this went on and on and on. So, we, not far out of — not far out, they said they came out of a tractor supply. So, we — I can tell you just about where it was. It was — it was about Bell Pontiac, well that’s tractor supply, isn’t it?
Detective McQueen: The Bell and Bell right there?
Mr. Wright: Yeah.”
***
“Mr. Wright: Right there at 57. And we — as we got up to our speed, that’s when this truck, the black truck came flying around us. So, we — we were — it went on for a long time.
Detective McQueen: Okay.
Mr. Wright: Because we — it didn’t stop from there till, we — we lost them at this red light back here at Longs.”
(Ex. 11, pp. 10–12.)
“Detective McQueen: Did y’all — did — did y’all ever have to pass this car here? The — the white truck? Were you —
Mr. Wright: No.
Detective McQueen: Was it behind you?
Mr. Wright: No, they were ahead of us.
Detective McQueen: They were ahead of y’all, okay.
Mr. Wright: (inaudible) but we stayed back because —
Detective McQueen: Of how they were driving? Mr. Wright: It — it — yeah. I mean it was — and then ran him in the ditch. All the way down there at the ditch. And then we seen the gun out the window and so we stayed back far enough that, you know, that we didn’t want to definitely get involved. Or get accidently hit.”
(Ex. 11, p. 13.)
HCPD Detective Martin conducted an interviewed Mrs. Monica Wright at the scene.
“Detective Martin: Okay. Alright, walk me through, where did this all start, begin for you?
Ms. Wright: Close to Bell and Bell maybe.
Detective Martin: Okay. What happened there?
Ms. Wright: We were coming south is this that. We were coming West.
Detective Martin: West, yeah.
Ms. Wright: Down 9. We were just — we were at a red light at Bell and Bell. We came on through. We — were passed Colonial Charters. I think this white truck and trailer passed us you know. And little while later, this black truck came flying by us. Got in front of the white truck and started hitting brakes.
Detective Martin: Yeah.
Ms. Wright: Hitting brakes, hitting brakes. Going — and the white truck was trying to change lanes. It looked, you know — we were back, probably 3 or 4 cars back. We didn’t never — when we seen it going on, we kind of held back a little bit. And it would just kept on — kept on — kept on. All the way up to the red light at Longs.
Detective Martin: Okay. So, do you — would you feel like that white truck was trying to get away from the black truck?
Ms. Wright: The — the white truck would move over; the black truck would block him off. White truck would move over, black truck would block him off. And hit brakes to where traffic, all the traffic — you could see brake lights. The white truck we seen was — ran into the median. He was on the grass on the left-hand side in the median where — I don’t know how it happened. The white — the black truck was ahead of him, I know that. And the white truck with the trailer had to go in the median. And the trailer was all out of control. And he did save it and got it back on the road. Then, it was — that — that just went on for a long time.
Detective Martin: Okay.
Ms. Wright: The black truck and the — the white truck would back up and try to change lanes. And that black truck would just block him off.” (Ex. 12, pp. 2–4.)
“Ms. Wright: We got — got stopped at the red light at Longs. When we got here — when we were passing, we just — there was — the cars were kind of lined up here to get into this road, so we had to slow down. Because we were going straight, and we seen that the 2 vehicles were there. And there was some people outside. … I said Terry turn around. There’s something going on. And we seen all that happened down there….
Detective Martin: Okay.
Ms. Wright: And the — the dude that was driving the white truck, he was freaking out.
Detective Martin: Okay.”
***
“Ms. Wright: — that’s all we seen was just the road rage part I call it.
Detective Martin: Yeah — yeah — that’s, yeah. So, you didn’t see the actual shooting or —
Ms. Wright: No, no. We see the boy’s hand in the black truck out the window at one time. Now, we were at a distance, but we did see his hand go out the window. Now, we were — like I said, kind of far back but —
Detective Martin: Did he present any weapons to you or anything? Or did he do any road rage to you? The black — the black truck?
Ms. Wright: Other than flying by us —
Detective Martin: Just flying by. Okay, alrighty.”
(Ex. 12, pp. 4–6.)
Mr. Frank McMurrough and his wife, Lindsay McMurrough, both provided handwritten Voluntary Statements. (Ex. 20, HCPD-000269–271.) They were interviewed by police officers at the scene, describing what they had witnessed.
“Officer: Alright, so what did y’all see?
Mr. McMurrough: So, I was —
Mrs. McMurrough: I was looking at my phone. All I heard him say is gunshots and I’m down. So, I don’t know.
Mr. McMurrough: I was — I’m driving this way. Officer: On this road?
Mr. McMurrough: On this road, sir.
Mrs. McMurrough: We were coming this way.
Mr. McMurrough: So, I’m about like, right where that car is. And this guy in the black [truck] just locks his brakes up, jumps out with a pistol. And I go, “Holy shit, pistol.” And then I saw him bring it up, right? And then as I’m going by, I saw this gentleman [Boyd] just holding, like he was just like drawn. And then it went fucking crazy.
Officer: He was out of the car?
Mr. McMurrough: No, the gentleman in the white truck, both of them were in the truck. The guy in the black truck locked up his brakes, like stopped quick, jumped out with a pistol. I saw it, when he got out of the truck, he had his pistol like this, screaming and hollering. And at that point I saw the pistol come up and I told her [Mrs. McMurrough] ‘Gun.” She got in, in the [floor] board. I looked at him, he just had his gun drawn, at that point, in the white truck. But the —
Officer: Well, come over here.
Mr. McMurrough: Sorry. But the guy in the black truck jumped out with — like with his pistol.
Officer: What I’m, what I’m getting at is he got out first?
Mr. McMurrough: Yeah. No, no, no. The guy, the guy in the white [truck] was still I think even moving. The guy in the black [truck] stopped, jumped out and he had his pistol. I said, “Babe, pistol, get down.” And I saw him lift [h]is pistol up and at that, and I looked. And at that point, this gentleman [Boyd] hadn’t fired, done anything. And then as I got past them, I just heard shots and I freaking took off like this way, like a bat out of hell, called 911 and turned around. But yeah, no the guy in the black [truck] jumped out with a pistol drawn.”
(Ex. 3, pp. 11–13.)
Ms. Blaize Ward, a witness to the events who was also a victim of Mr. Spivey’s, provided a handwritten Voluntary Statement. The narrative set forth her experience and observations:“I’m passing by Bell & Bell when I notice the BLACK truck driving reckless. — In and out of both lanes and just all over the road in general. Going under the light at Colonial Charter Appt [sic] is when the guy in the BLACK truck waved his gun out the window, tapped it on his driver door & pointed it at me. As me & other cars pass through traffic, he’s still all over the road, gets in front of the WHITE truck he keeps slamming on breaks [sic] in front of him. Then at one point between Food Lion & Minute Man coming up on Longs the guy in BLACK truck ran the guy in the WHITE truck off the road because of his driving! As we go on down approaching Camp Swamp Rd the BLACK Truck switches to the right lane to turn down that rd. (WHITE truck was in right lane before)[.] Anyway, guy in the BLACK Truck SLAMS on breaks [sic], as im [sic] turning down the same rd [sic] as them (Camp Swamp) I see the WHITE truck being shot at and glass going everywhere. As I’m trying to get away I thought my car had got shot by the man in the black truck, BUT he didn’t must have been a shell that hit. At this point I’m getting turned around and back on #9 to get away like operator from 911 told me, pulled to the next midway in road waiting on an officer.”
(Ex. 20, HCPD-000272–274.)
Ms. Ward was interviewed at the scene by a HCPD police officer (Ex. 7), and then by Detective Quick (Ex. 8). Both narratives were consistent. After being interviewed, she provided a Voluntary Statement. (HCPD-000272–274.)
“Detective Quick: Okay. Alright, so Blaize just kind of walk me through what happened. At what point you realized something was going on and kind of what you heard and all that good stuff.
Ms. Ward: Okay. So, sorry. Okay, so whenever I’m passing by Bell and Bell right her on — leaving out of North Myrtle, well Little River, coming to, my boyfriend lives back this way. So, I’m coming to his house.”
***
“Ms. Ward: … So, I was going towards him. So, as I was saying, coming from Bell and Bell, that’s whenever he’s passing me. And I’m like —
Detective Quick: When you say he, which – which truck are you talking about?
Ms. Ward: Black truck.
Detective Quick: The black truck?
Ms. Ward: Yes. White truck was already on in traffic.
Detective Quick: Okay.
Ms. Ward: Already ahead of us. So —
Detective Quick: How, can you describe how he was driving when he passed you at Bell and Bell?
Ms. Ward: Yes, crazy. All over the road, in and out of lanes. Because I’m like what is going on with this guy with road rage. Like —
Detective Quick: Okay. Ms. Ward: That’s what I thought at first. Then, I catch up with him so forth. I look over towards — I’m in the left lane, he’s in the right. I look over on my right side and I’m like, you know, I just got a feeling. He’s got his gun pointing towards me and goes and points it at me. And I’m like —
Detective Quick: So, he did point the gun at you?
Ms. Ward: Yes.
Detective Quick: Okay.
Ms. Ward: Yes.
Detective Quick: Do you know exactly where you were? Was it whenever he passed you at Bell and Bell, he was on the right side and that’s when he pointed?
Ms. Ward: So, I’m already past, sorry —
Detective Quick: You’re fine.
Ms. Ward: I’m already past Bell and Bell —
Detective Quick: Okay.
Ms. Ward: — and I’m passing Colonial Apartments on the light right there by the Colonial Apartments is literally right whenever he done it. We’re going under the light so passing right through there.
Detective Quick: You said Colonial Apartments?
Ms. Ward: Yes, Colonial Charter Apartments. Sorry I don’t know the exact.
Detective Quick: You’re fine, you’re fine.
Ms. Ward: So, right there, right under that light is when he done it like that and pointed.
Detective Quick: So, you, you were in the right lane, he was in the left lane?
Ms. Ward: I was in the left lane; he was in the right lane.
Detective Quick: Okay, so he pointed it right out the door?
Ms. Ward: Yes. So, he’s pointing it out his driver window at me. And I’m like what did I do to you. And I’m like I’m not driving too slow. Like I’m driving the speed limit, like why are you mad? So, I’m just staying back because at this point I’m like, I don’t want to get killed.
Detective Quick: Did he say anything?
Ms. Ward: No, I couldn’t. I mean, we’re going so fast, not so fast but —
Detective Quick: Yeah.
Ms. Ward: — you know. I had my window up. Detective Quick: So, when he did that, when he did that were you also rolling?
Ms. Ward: Yes.”
(Ex. 8, pp. 4–8.)
“Detective Quick: Can you describe the gun?
Ms. Ward: I — like I told the operator, it’s — it’s a pistol. So, I’m thinking maybe, it was black. My boyfriend has a Glock 19. It kind of looked like that a little bit.
Detective Quick: Okay.
Ms. Ward: So, I don’t know my guns too well, sorry.
Detective Quick: I gotcha, I gotcha.
Ms. Ward: But it was something small like that. Nothing big, no rifle type of mess. But that, then he gets ahead of me. Then, that’s whenever I see the white truck because by that point we’re coming up towards Longs.…
Detective Quick: Yep.
Ms. Ward: … there is whenever they started, the black truck was literally in and out, swapping lanes. And then he’d get in front of the guy in the white truck, and he’d slam on brakes in front of him. And then at one point, right by the Food Lion, right there in Longs, by the Minute Man, and it’s a Speedway or something like that. He ran him, the black truck ran the dude in the white truck off the road because he slammed on brakes right in front of him.”
***
(Ex. 8, pp. 8–10; HCPD-000343–348.)
“Detective Quick: Okay. And that’s whenever the black truck ran the white truck off the road?
Ms. Ward: Yes, correct.
Detective Quick: Alright, when he did that, did — did he run him off the right side of the road or left side of the road?
Ms. Ward: So, they were in the left lane. So, he ran off the left side of the road. There should be like marks in the grass or something.
Detective Quick: Okay.
Ms. Ward: I’m pretty sure too. Because, I mean, he just like, he would keep stopping in front of him. And I’m like what is this guy doing. So, anyways —
Detective Quick: Who was stopping in front of who?
Ms. Ward: The black truck. Detective Quick: The black truck. Okay.
Ms. Ward: Yeah. The guy, like not taking up for anybody but the — literally taking up for him —
Detective Quick: Yeah, yeah.
Ms. Ward: — because you know. The guy in the white truck was not doing anything. It’s just the guy, I don’t know if he’s under the influence, if he had something going on, if it was road rage. But I’m like why is he doing this to this man. Like, you know. And anyways, ran him off the road and I’m like oh my god. Because he’s got this big trailer.
Detective Quick: Yeah.
Ms. Ward: So, that happened. Then he’s just, basically in traffic with him the whole time holding the white truck up. Like not letting him switch out because he’s in whatever kind of chaotic mood that he’s in.
Detective Quick: Right.
Ms. Ward: Then, like I said, I’m about to turn down this way. They shoot down this road. And I’m still on the phone with 911 and all I can think is, oh my god. They’re turning down the same way that I’m turning down. So, I’m getting about right, right here. Almost about to turn and I’m on the phone with her [911] and I’m like he stopped. I said he stopped dead in the middle of the road. And she was like, she paused, she was letting me talk. And I told her, at that point, I’m screaming because he’s — he’s shooting. The — the guy in the black truck. I didn’t see him get out because I’m kind of directly behind them, you know? And so, I didn’t see him jump out, but I seen just the glass going everywhere. Just bop, bop, bop, bop. And it’s shattering. And then I hear something on my car. And I’m like oh my god I think he just shot my car. And she [911] was like get out of there, remain calm, just get out of there. There was a little red car in between me and that white truck. They took off. I guess they were scared nervous. I almost crashed into them trying to get away, honestly. And I was like I’m sorry, I threw my hand up. But I knew he weren’t paying me no attention. He’s trying to leave that scene like I was, you know?”
***
(Ex. 8, pp. 11–14.)
“Ms. Ward: And I did not expect the guy in the black truck to do that. But it’s like, I didn’t know if he jumped out. I didn’t know if he leaned out of his window and just was bop, bop, bop, shooting him. I had no idea. So, I’m like, I just turned around and I’m talking to her. I’m panicking because —
Detective Quick: Yeah. For sure.
Ms. Ward: It’s just traumatizing. Detective Quick: Yeah, this isn’t —
Ms. Ward: So —
Detective Quick: This isn’t a normal thing —
Ms. Ward: Yeah, and —
Detective Quick: — for people to — to experience. At any time, did you see — did the — the — the white truck ever try to drive the black truck off the roadway? Was he — okay it was more of —
Ms. Ward: Like —
Detective Quick: — he was just trying to keep himself on the roadway.
Ms. Ward: Yeah, like trying to kind of stay back —
Detective Quick: Yeah.
Ms. Ward: — but then again like what are you doing, you know.
Detective Quick: Okay.
Ms. Ward: So, it’s really like I didn’t see the white truck causing any type of controversy. And I don’t — I don’t know either of these guys. I don’t know who is what.
Detective Quick: Yeah.
Ms. Ward: Because I didn’t even know that that was them sitting on the tailgate. Because I was a nervous wreck down there and I asked one of the officers. I said I know you guys can’t give out information. I said I get it, I’m not, you know.
Detective Quick: Right.
Ms. Ward: I said but is the guy in the white truck, okay? Because I’ve been worried about him the whole time —
Detective Quick: Yeah.
Ms. Ward: — and he was like no. And I just had a melt down again because —
Detective Quick: Yeah.
Ms. Ward: — I didn’t want nobody hurt. And of course they were. But yeah.”
(Ex. 8, pp. 15–17.)
“Detective Quick: … When they both turn into here, do you know if the black truck turned and stopped and then this guy stopped? Like who stopped first? Do you know?
Ms. Ward: So, black truck stopped first. Of course, because it’s like he slammed on brakes. Because like I said, I’m slowing down, of course, me and the other car. We’re right behind each other though so that’s why we’re like right on top of them.
Detective Quick: Right.
Ms. Ward: Because it’s like, dude in the black truck. White truck was already in left lane, I mean right lane so he could turn. Black truck jumps in front of him turns too.”
(Ex. 8, pp. 17–18.)
“Detective Quick: So, alright, heard shots, nobody was out of white truck yet. And so, you said, do you remember about how many shots you heard?
Ms. Ward: Oh god. I don’t want to exaggerate but it was more than 7.
Detective Quick: Okay. And it was rapid like pop, pop, pop, pop, pop, pop, pop?
Ms. Ward: I mean back-to-back. It was like he — how they say it, dumping the clip on him?
Detective Quick: Yeah.
Ms. Ward: Yeah, yeah that’s exactly what it was like.
Detective Ward: Did it sound like a pistol or a rifle or?
Ms. Ward: More like a pistol.”
(Ex. 8, p. 21.)
“Detective Quick: And you said you saw glass flying?
Ms. Ward: Yes.
Detective Quick: Was it from — do — was it from the white truck where the glass was flying?
Ms. Ward: Yeah.
Detective Quick: Okay.
Ms. Ward: So, the guy in the black truck was obviously shooting and it’s just — it looks like dust, you know. Just bah, bah, bah. And it’s going everywhere. And I’m like, that’s where I started screaming. I was like oh my god he’s shooting. I was like, I don’t want him to kill me.”
(Ex. 8, p. 22.)
“Detective Quick: Was your car hit at all?
Ms. Ward: I thought it was. I think like a — a shell just ricochetted. Because I thought he shot my car at first. And I was like oh my god I think he shot my car. And she [911] was like get out of there. Detective Quick: Okay.
Ms. Ward: And I was like I am, I am, I am. But an officer checked me completely.
Detective Quick: Yeah.
Ms. Ward: I mean checked my car all the way around.
Detective Quick: Okay.
Ms. Ward: He said don’t look like there’s no hole. And I was like good. Like good.
Detective Quick: Okay.
Ms. Ward: I said it must have been just a shell or something popped off of my car the way that he was shooting recklessly like at the white truck. But —”
***
“Detective Quick: When you saw the glass from the white truck shattering, what did you see happen next? Did you see the driver of the white truck get out?
Ms. Ward: I honestly — no sir. I honestly didn’t. The time I seen the glass shattering, and I started yelling with the operator, I — I immediately like spun my car around.”
(Ex. 8, pp. 23–24.)
“Detective Quick: Okay, so you didn’t — so, you — you saw the glass flying but you didn’t actually see who was shooting who?
Ms. Ward: Right.
Detective Quick: Okay.
Ms. Ward: I knew it was coming from the black, like I said, the black truck of course.
Detective Quick: Yeah, yeah.
Ms. Ward: Because, I mean the ones in the white truck, they were still in there and everything.
Detective Quick: Yeah, okay.
Ms. Ward: I — I didn’t know if they got out or not.
Detective Quick: Okay.
Ms. Ward: So, I was just like oh my god, is this dude in the black truck just having a shootout right here in the middle? Like —“
(Ex. 8, pp. 25–26.) Another witness, Frank McMurrough, also gave a Voluntary Statement, stating:
“Myself and wife driving down Camp Swamp Rd heading to Avista resort. A black truck in the opposite lane came to a fast stop. A guy in a blue shirt jumped out of the driver’s side with a black pistol yelling. The slide was back as when its in the back position to load. I saw the driver of the black truck start to bring his pistol to an upward position. I yelled at my wife gun and pushed her down. I looked into the white truck and saw driver had a pistol aiming toward the black truck. At that point I pushed my wife down again and I heard gun shots. I sped off took a right on Route 9 and called 911. I did see the driver of the black truck looked like he was getting hit by paint balls from my drivers [sic] side mirror.”
(Ex. 20, HCPD-000270-271.)
Mr. Frank McMurrough was also interviewed at the scene by HCPD Detective McQueen:
“Detective McQueen: Alright, so you were coming down Camp Swamp?
Mr. McMurrough: Yes.
Detective McQueen: Camp Swamp towards 9. Alright and then what, what all — what all did you see once you were coming down the road?
Mr. McMurrough: So, when I was about where the black truck is, I saw the black truck stop quick, in the — in like — in the — in the road.
Detective McQueen: Okay.
Mr. McMurrough: I kind of slowed down, it’s a country road. And when I — like the car door flew open. And I saw a guy — a guy get out with a black pistol screaming.
Detective McQueen: Okay.
Mr. McMurrough: At that point, I yell at my wife “gun” and like kind of pushed her down and kind of you know so I started coming past. And at that point, the white truck had kind of come to a stop. And then when I looked — when I looked over, sorry. You okay?
Detective McQueen: Yeah, we’re good.
Mr. McMurrough: When — when I — when I looked over, I saw the — the guy in the white truck, I just saw a pistol like this. Like kind of like pointing at the black truck. And then that’s when I looked in my rearview mirror and I saw the guy with the black gun, I mean the guy with the black gun’s pistol was coming up. And then I just heard shots. And — and I saw glass exploding from the windshield. And I just punched it, took off. When I turned the corner, we called 911, I went up and took a U-turn and kind of came back here.
Detective McQueen: Okay. Did you — so, you said the — the guy in the black truck got out of the car with the gun?
Mr. McMurrough: Yeah. And — Detective McQueen: Out of the truck?
Mr. McMurrough: — and like I told 911, like because I was literally like right here looking at him and he jumped out, he had a gun, and the slide was back. Like you know, I don’t know if you —
Detective McQueen: Like it was racked?
Mr. McMurrough: Like it was, like, like you know like when you —
Detective McQueen: Okay.
Mr. McMurrough: When you have a — like on a Glock, like you — it’s rack —
Detective McQueen: Yeah, it’s locked.
Mr. McMurrough: — you push the button and it — engage one? It was back and locked.
Detective McQueen: Okay.
Mr. McMurrough: And then I saw — that’s when — that’s when I saw him kind of go like this and I looked at the white truck. Sorry, I’m just real nervous.
Detective McQueen: No, you’re all good man.
Mr. McMurrough: So, as I saw the black pistol like you know kind of — he was moving up. I looked at, you know, because I was looking in the rear, you know looking like this, and I saw the guy in the white truck point his pistol, then just gunfire. And I just kind of shot this way and turned around.
Detective McQueen: Okay. Okay. Did you see — so after, did you see any — the exchange in gunfire?
Mr. McMurrough: The — the — the — the gunfire was happening right as I went passed [sic] the white truck.
Detective McQueen: So basically, as soon as you passed?
Mr. McMurrough: So, I was — once I saw that pistol, I screamed to my wife like you know stay down. And then I just heard like, you know, it was just — it was mayhem. The guy in the white truck like didn’t roll down his window, didn’t get out of his car. And even when I turned back, because I pulled back around, I was on the phone with 911, and there was no — I didn’t see the gentleman from the black truck. So, I had slowly pulled up and I told the guy in the white truck, “Sir, can I check on him?” And he said, “Dude just get back, just get back.” And then he — he might have been on the phone with somebody. And then I just backed up right here and stayed on the phone with 911 till everybody got here.
Detective McQueen: Okay. Okay. Trying to see if everything else I want to think. Okay, okay. So you didn’t — you didn’t — so you just saw basically in the rearview as you’re trying to get up — get out of the middle of it?
Mr. McMurrough: Yeah, so — so like I said, I saw the guy jump out with the pistol, right and I was looking like this in the rearview and that’s when I saw the gun go off. And as I — as I looked up, that’s when I made — like I was coming this way, I could see this part here, and all I saw was a pistol like this, right?
Detective McQueen: Okay, so he had his pistol up here?
Mr. McMurrough: He had his pistol on the dash just pointed. It’s hard to see though because the windows kind of like tinted, you know what I mean? It was dark but yeah. And then as I got right here, I just heard frigging shots, and I just punched it out of here. Like punched it this way, went out and made a quick U-turn and came back.”
(Ex. 9, pp. 4–9.)
Mrs. Lindsay McMurrough, also a witness, provided a Voluntary Statement (HCPD-000269), stating that:
“My husband & I were headed to Avista Resort, traveling from Richmond. As we were driving I was playing on my phone, my husband was driving. He yelled out Get Down! A man is out of his truck w/ a gun. I ducked my head down in the floor board & heard gun shots. We were driving directly beside the shooting. My husband told me to call 911. We called 911, & gave them the street name. My husband told 911 what he saw.”
(Ex. 20, HCPD-000269.)
Mrs. Lindsay McMurrough provided further information when she was interviewed at the scene by HCPD Detective McQueen.
“Detective McQueen: Okay. Did — did you see — so you didn’t really see any of it?
Mrs. McMurrough: No.
Detective McQueen: Okay. Alright. Well, I wanted to get you to do that —
Mrs. McMurrough: I hear gunshots, I am down.
Detective McQueen: Yeah. I got you. Did you hear any, as y’all were —
Mrs. McMurrough: Yes.
Detective McQueen: — like coming up the road?
Mrs. McMurrough: Oh yeah, oh yeah.
Detective McQueen: Okay. Okay. About — about where do you think possibly you were? Did — was it before you turned, you heard gunshots?
Mrs. McMurrough: Oh no. We were — we were before the black truck.
Detective McQueen: And you heard the gunshots?
Mrs. McMurrough: And we passed — we pass —
Detective McQueen: Okay.
Mrs. McMurrough: — we had to pass it.
Detective McQueen: Oh. Okay. So y’all had to come past —
Mrs. McMurrough: Like we were — we were literally passing them as it was happening. My husband said, “Oh my god, get down.” Because it — I guess it just happened so fast. “
(Ex. 10, pp. 5–6.)
Subsequently, Ms. Catherine Campbell gave a witness statement at a later date, which proved to be substantially inconsistent with the accounts given by multiple other witnesses. (Exs. 16 and 17; Ex. 20, Catherine Campbell, HCPD-000224; re: Witness 5 (Catherine Campbell), HCPD-000247.)
Mr. Boyd was interviewed in the early morning hours of September 10, 2023 at the Horry County ML Brown Jr. Public Safety Facility by HCPD Detective Alan Jones and others.
“Mr. Boyd: There was also 1 point that he switched to the far-right lane and almost went off the road. And that’s when he – actually leaned out the window and that’s when he aimed it, while we were still going down 9. He had just ran me off the road and that’s when I was trying to get back on the road and he had aimed it straight at me and looked down his arm. I think that’s the point that I said that if I were — I don’t remember my exact words, but I think that’s when I said he’s about to shoot or something like that.
Detective Jones: Had — had you ever seen this guy before?
Mr. Boyd: I don’t know who he is, and I think, I overheard somebody say his name was Scott Spivey. I looked him up on Facebook and we’re not even Facebook friends. I got no clue who this guy is. He hollered something when he got out the truck, but we couldn’t hear it. I mean he — he was talking, and I don’t know if he was talking to himself. He was talking at us. When he [Spivey] got out the truck, because I was trying to just keep the dispatchers informed of where he was going.
Detective Jones: Yeah.
Mr. Boyd: So as soon as we turned on that road, he’s parked, door slings open. He hops out, has the Glock, I think it was a Glock, I don’t know. Has the pistol in his hand, is speaking, racks it and that’s when I’m telling dispatcher like he’s — he’s about to — and then Bradley [codefendant], you can hear Bradley start yelling “back up, back up, back up.” And I’m trying to get it backed up. I don’t even have my weapon out yet, Bradley doesn’t either. And as soon as I start trying to back up, I looked back up and that’s when he swung his, weird — he swung his arm like this. I don’t know why and then he started firing. And I just — I grabbed my pistol, and I started shooting and he started shooting. I know we struck him. And he got back into his truck, he crawled back into his vehicle. We stopped. And then, we stopped and then he started shooting again. I don’t — I heard 2 or 3 more shots, and we thought he had a bea[d] on us. We couldn’t see him. So, I shot back again, maybe 2 or 3 more times, and then stopped. And it just went silent. I don’t know if he was trying to lean over and shoot at us. But when he got back in the truck, he did fire his weapon, after we had stopped shooting, he kept firing from inside of his truck. But we couldn’t see him, but that doesn’t mean — I mean that he could. I mean I thought he was still shooting at us just — I couldn’t see where in the truck he was at.
Detective Jones: Yeah. I understand. Alright, just to clarify a couple of things. Once he raised the gun at you guys, could you — I mean, you told the dispatcher your 100%. Could you tell at any point that he’d wince or grimace or move or do anything prior to going to get back in the truck that would indicate that he was hit outside the truck?
Mr. Boyd: I don’t — I can’t say for 100% he’s been hit. But I did see what you normally see. You see a little bit of a crumple; you see a shirt maybe just — I mean I saw him getting hit. And I — maybe it wasn’t him getting hit, I don’t know. But I mean —
Detective Jones: (inaudible) Anything that you would perceive as that, that’s what I’m asking.
Mr. Boyd: I — I — I was under the impression that he had been hit. And then he got back into the truck and then we stopped. Because I thought it was over and then I went back to start trying to get in reverse. I reached for — the reason there was a hesitation on trying to get — I have another truck, a diesel, my dad was driving tonight. And the diesel’s up here. So as soon as Bradley starts hollering “Back up” I’m doing like this with the phone and I’m like I can’t get it. And then I’m like “oh shit, well no wonder, there’s not a gear shifter there.” And then that’s when it started. But then I started to try and get in reverse and go back again. And then it started shooting again. So, we thought he was back shooting at us again.
Detective Jones: I do the same thing between my work car and my personal vehicle.
Mr. Boyd: Yeah, I mean it’s just —
Detective Jones: One’s here and one’s here. Mr. Boyd: That’s the last thing I’m thinking about in that situation and that’s kind of why I couldn’t get backed up. The other problem was I had that 20-foot trailer behind me. I can’t just floor it in reverse and go into 9. Now I’m in trouble for someone T-boning my damn trailer.
Detective Jones: Alright.
Mr. Boyd: I don’t understand any of it. I — I — I don’t know.”
(Ex. 13, pp. 4–8.)
“Detective Jones: Now the only other thing that I can think of is when all the foolishness that he was doing started, what was that initial issue there? I — I’m just —
Mr. Boyd: I asked the people, the witnesses that were behind. I even asked the lady in the suburban. I said, “Did I like go in his lane almost hit him and not realize it or something?” And she said, “No, he was driving like that before he got to you.” We didn’t know anything that was happening behind us. I was looking at the road. I was telling Bradley about the crap I got going on with my life right now with the woman I was engaged to decided she didn’t want to be engaged anymore. We got a son that’s due in 3 months. So, I got a custody battle coming up. I was talking to him about the custody battle, how I want to be a dad. And then he’s just like “what?” I forgot what he said. It was either “What the fuck” or “Do you know him?” I don’t know. I looked over and I just see a damn pistol.
Detective Jones: And when you say you looked over, was — are you guys in lane 1 or lane 2?
Mr. Boyd: I was in the fast lane.
Detective Jones: Okay.
Mr. Boyd: He was in the slow lane.
Detective Jones: Okay.
Mr. Boyd: And then he tried to get in front, and it was kind of like a — I had a car on my butt, I couldn’t just slam on brakes. He whipped over in front, then he brake checked me at 60 miles an hour and that’s when I went off the road completely into basically the ditch in the median. And then was trying to get back on the road and that’s when — when I was trying to get back on the road, I turned to make sure I wasn’t going to hit the car behind me getting back on the road. And when I looked back up, he’s sitting there like this out his car window with the pistol aimed right at me. And I thought he was about to start shooting. And that’s why I told the lady, I’m like, “If he shoots, I’ve got to — I — I got to defend myself.” The dude was trying to kill us. “Mr. Boyd: And when I turned on that road, he was — I don’t know if he was waiting but that door swung open and — and he — he knew what he wanted to do.”
(Ex. 13, pp. 9–11.)
“Detective Jones: . . . Were you guys — were you guys going to turn down Camp Swamp or did he turn down Camp Swamp and y’all go to see where he was going so you could tell the dispatcher?
Mr. Boyd: I was trying to tell the dispatcher where he was going. And we had just basically jumped my truck. At some point, I need to stop — stop make sure nothing flew out. I didn’t know that he was parked right there. When I turned on, he was waiting. I didn’t realize there was another white truck. And I don’t know if that truck was involved or not. But they both were running stupid speeds. And they were pulling away from us. They both went down that road. And then when we turned down that road, I’m already turning and I’m reading the — the road sign. And then I look, and that truck is right there, maybe 60 yards off the road. So, I stopped. And then that’s when the door swung open and then Brad [codefendant] was — started screaming, “Back up! Back up! Back up!” And that was where I got jumbled and —
Detective Jones: I get it.
Mr. Boyd: I mean I wasn’t looking for trouble. I — I was towing a fucking couch. I — I don’t know what happened. But the dude tried to shoot us. I mean he aimed right at me and started shooting.”
(Ex. 13, pp. 11–13.)
“Mr. Boyd: . . . I was trying to get a license plate. We – we let him, I mean we backed off. But when he turned down that road I was talking to the dispatcher and I’m trying to just – someone needs to follow this guy until a cop can get behind me.
Detective Jones: Yeah.
Mr. Boyd: I — I even told — I said he — he might shoot at the cops.
Detective Jones: Yeah, I — yeah. I got it. I can — I can —
Mr. Boyd: See I let him get — I’m zoomed in. I let — I wasn’t on his butt chasing him.
Detective Jones: I can hear it. I can hear it in your voice what is going on there so —
Mr. Boyd: I just wanted to make sure that there was eyes on that car until an officer showed up. I didn’t realize that —
Detective Jones: Until somebody can get there. I’m with you, I’m tracking.”
(Ex. 13, pp. 15–16.) “Person 2: Where were — was he standing when he started shooting at you?
Mr. Boyd: So, he opened the car door and at that point I had stopped. And that’s when I was trying to get back. Opened, if — if — here’s — if this is the front of his truck. He opened the car door, and he got out and had his pistol and he just started doing — he was mouthing, I couldn’t understand him. And I think I, like he — I think that’s when I was saying, “he’s got a gun, he’s got a gun.” He racked it, and that’s when Bradley [Williams] started hollering “Back up! Back up! Back up!” And I don’t know why, but he did this Matrix thing. He did like that and at that point, I looked right down the barrel and I — it started going off. And that’s when I just brake pedal, I drew my weapon, and I engaged.
Person 2: Was he standing in — in — I guess behind his truck?
Mr. Boyd: No sir. The door would be right here.
Person 2: So, he was beside his truck?
Mr. Boyd: He was beside his truck. And then after I fired, I kept firing, Bradley [codefendant] kept firing because he still had the gun on us. He kind of — I saw the shirt, you know — and he kind of did this. And then he crawled in the truck, and we quit. I saw his feet go into the truck. I saw his head come up behind the seat and then his head went back down. And I’m — I’m just sitting there like this, resting on my steering wheel. And I’m waiting because I don’t know. And then I looked down to start backing up again because I finally figured out, I’m in this truck and not the other one. And as soon as I got to get it in reverse, we hear — so, I shot, because you don’t know if someone has a bea[d] on you. He just shot at us. I mean I; I don’t know if he’s trying to, still trying to kill me. I don’t know if, what he’s doing. I can’t see him. So, I just put, I don’t know, 2 or 3 more into where I thought he was in the vehicle and then it went silent.
(Ex. 13, p. 17–19.)
“Person 2: Did you actually move your truck?
Mr. Boyd: No. I — I — I put it in park. We didn’t touch anything. That’s when the guy pulled up next to me. I said, “Please don’t leave. Please talk to the cops.” I didn’t move anything. I didn’t touch anything because I wanted everything to be the way it was.
Person 2: This is pretty, where your truck was found and where his truck was found. Is that —
Mr. Boyd: That’s where the shootout happened.
Person 2: That’s where the shootout happened.
Mr. Boyd: I mean at that point, there was no reason to back-up and get away anymore. And we didn’t approach. I did eventually approach the truck after several minutes. I — I asked Bradley for another mag. He handed me another mag. And I asked the dispatcher, I mean, do I need to check to see if he’s okay? And the guy said don’t get too close. So, I walked around, and I did keep my weapon up. I don’t know. I mean I looked. This was damn replay at this point. So, I’m going around, and I see his feet, his feet aren’t moving. I moved all the way around to a direct line of sight. He’s slumped over so then I just —
Person 2: Is his door still open at that point?
Mr. Boyd: Door still open, he’s slumped over. I walked back to the truck. Someone’s trying to drive around. I’m like, “Stop.” I’m stopping people, there’s another guy trying to come this way and I’m yelling at him to back up and then all I did from there was keep cars from doing this until a cop got there.
Person 2: Got it.
(Ex. 13, pp. 19–20.)
Mr. Kenneth Bradley Williams was also interviewed later that evening at the Horry County ML Brown Jr. Public Safety Facility by HCPD Detective Alan Jones.
“Detective Jones: Okay. Alright, what was your initial contact with him — with him? I mean was it like —
Mr. Williams: We left Tractor Supply and then we were going down the road and I look over and there’s a black truck and he’s pointing a gun at me. I asked Weldon, I’m like, “Dude who is this?” I don’t know. And then he’s hanging out the window, driving erratic, brake checking us. He tried to push us off the road. I mean, it was just all over the place. I mean there was like one point where he stopped so hard, I mean, his truck started to slide a little bit, you know. Like just the weight coming off the rear. But I have no idea who he is.
Detective Jones: Okay. So, right there at — kind of walk me through exactly what happened right there on Camp Swamp when you guys come off of 9.
Mr. Williams: Okay so, let’s see. Best I can remember, he ran us off the road, you know. Then, the truck felt like it almost went airborne. We’re coming back onto the road. We see a white truck and the black truck turn onto that road. And then as we turn on that road —”
(Ex. 14, pp. 3–4.)
“Mr. Williams: But once we turned onto that road, the — his truck’s already stopped and he’s getting out.
Detective Jones: Okay. So, as y’all turned the corner, he’s getting out of the vehicle?
Mr. Williams: Yeah, like we see his door come open. He’s getting out. You see him do like some dramatic rack of the slide and then he like brings the gun up and then he just points it at us and — Detective Jones: Okay. Alright, once he shot at you, you guys shot back, right?
Mr. Williams: Yes.
Detective Jones: Okay. Was there anything that you’ve — saw that indicated that at that point he had been struck (inaudible) at that point?
Mr. Williams: He — he went back to his truck so, I — I’m doing the best I can here. I mean, this — I’m stressed the fuck out right now.
Detective Jones: I — I know.
Mr. Williams: But we see him shoot. And then of course immediately we shoot back. He stumbles back to his truck. And I — I’m — I mean I’m saying stumble, I mean I don’t mean like a slow walk but he ain’t (inaudible) you know. But we see him get back into the truck. Me and Weldon stopped and then you could see like his head or whatever bobbing around in the truck. And then you hear him shoot again. And then we shot back. Maybe one or two rounds. And I think he may have shot two or three rounds. I can’t —
Detective Jones: You weren’t counting. I get it.
Mr. Williams: No, I was not counting that off. But once he got in the truck, I mean, all he — the truck was dark tinted glass, I mean I can’t really tell but you know it’s shooting out of the truck.
Detective Jones: Right.
Mr. Williams: And as far as, you know, I don’t know what he’s got in the truck so.
Detective Jones: Alright. Safe to say you guys were going down the highway. This dude pulls up beside you, pointing a gun at you and starts brake checking you and all kinds of different crazy ways.
Mr. Williams: Yeah.
Detective Jones: You guys go follow him while you’re talking to 911 and turn. He’s stopped in the middle of the road. Was he standing in his truck door, or did he advance to you guys or how did that happen?
Mr. Williams: Advanced. He advanced.
Detective Jones: Okay.
Mr. Williams: He stepped out and he walked towards us. Like I said, with the exaggerated rack of a slide and like this wide aim. But when he came across and he pointed, and he shot.
Detective Jones: Okay. Alright. Mark, you got anything else?” “Person 2: When you saw the black truck, was there any bullet holes in the windshield?
Mr. Williams: I mean, I — I didn’t see the front of the truck.
Person 2: I thought you might have seen (inaudible)
Mr. Williams: I mean, I — I seen from driver door and then everything else was from the back.
Person 2: (inaudible) Did anything happen that you think inadvertently even might have cut him off or something (inaudible)?
Mr. Williams: No. Because I mean we just left Tractor Supply, and we took a left. Excuse me, I don’t know all these highways, you know. I’m not really from around here but took a left. We’re in the left lane, the — the fast lane. And, but I mean we’re not going fast or anything. We’re just cruising along. I’m looking at my phone (inaudible) And I just look over and like I said, the black truck speeds up past us but when he comes up, he’s pointing his gun at me. And I’m just like what the fuck.”
(Ex. 14, pp. 10–11.)
“Person 2: Why did y’all start shooting?
Mr. Williams: Sir?
Person 2: Why did y’all start shooting?
Mr. Williams: Because he shot at us.
Person 2: Just wanted to say that (inaudible)
Mr. Williams: He shot first.”
(Ex. 14, pp. 11–12.)
LEGAL ANALYSIS
In summary of fact, the Defendants were victims of and observed Mr. Spivey commit multiple felonious acts in violation of S.C. Code § 16-23-410, which establishes:
It is unlawful for a person to present or point at another person a loaded or unloaded firearm.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.
In summary, the Defendants witnessed and were victims of Mr. Spivey committing multiple felonious acts, including reckless driving and exhibiting a firearm, prior to the fatal incident.
After the incidents, the Defendants learned that Mr. Spivey had also terrorized and victimized multiple other motorists in the same proximity by waving and pointing his semi-automatic weapon at them. (Ex. 1, Blaize Ward E911 call; Ex. 7, pp. 2, 4–5, 7-8, 11–15; Ex. 8, pp. 5–8, pp. 11–13, 15–16, and 21–23; Ex. 9, pp. 4-5, 7–8, Ex. 11, p. 6; Ex. 20, Blaize Ward and Terry Wright, HCPD-000223–224, 244, 248, 250, 268–270, and 346–347.)
The Defendants were victims of and observed Mr. Spivey commit multiple felonious acts of Assault and Battery in the First Degree in violation of S.C. Code § 16-3-600(C)(1)(b), which provides in relevant part “(C)(1) A person commits the offense of assault and battery in the first degree if the person unlawfully: (b) offers or attempts to injure another person with the present ability to do so, and the act: (i) is accomplished by means likely to produce death or great bodily injury.” Subsection (C)(2) of the statute provides that a person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.
In the final moments prior to Defendants’ actions in self-defense, the Defendants were victims of and observed Mr. Spivey aim and shoot at them, and commit the felonious act of attempted murder, in violation of S.C. Code § 16-3-29 which provides:
[a] person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder. A person who violates this section is guilty of a felony, and, upon conviction, must be imprisoned for not more than thirty years. A sentence imposed pursuant to this section may not be suspended nor may probation be granted.
This case serves as a reminder of how crucial it is to analyze facts carefully before forming opinions.
(Ex. 13, pp. 5–6, 12–13; Ex. 14, pp. 4–5; Ex. 20, Kenneth Williams and Charles W. Boyd, HCPD-000223–224.)
The toxicology report of Mr. Spivey (Ex. 20, NMS Labs Report, HCPD-000315–318) confirms that Mr. Spivey had a blood alcohol level of 0.130 g/100 ml (or 0.13 %) in heart blood, well above the level at which South Carolina law presumes impairment when driving. (Ex. 20, HCPD-000225, 315, and 330–331.) Toxicology testing also revealed that Mr. Spivey had cannabinoids in his system. (See Ex. 20, HCPD-000316.) Upon execution of the search warrant for Mr. Spivey’s truck (Ex. 20, HCPD-000291–300), HCPD recovered twenty-six (26) blue capsules in a ziplock bag. (Ex. 19, HCPD-000007, 000013, 000026, 000041 [DSC_238], 000049; Ex. 20, HCPD-000299.) HCPD requested a drug analysis of the capsules (Ex. 19, HCPD-000126), which were found to contain methandienone (Ex. 20, HCPD-000333–334), an anabolic steroid. (See Ex. 20, Drug Analysis Report, HCPD-000332–000340.)
Finally, Mr. Spivey drove in an unlawful, erratic, and reckless manner, forcing Defendant Boyd to swerve off of the roadway in order to avoid a collision. (Ex. 7, pp. 4–5; Ex. 8, pp. 9–12; Ex. 11, pp. 5, 10–11, and 13; Ex. 12, pp. 3–4; Ex. 13, p. 4; Ex. 13, pp. 4 and 10; Ex. 14, pp. 3–4, and 11; Ex. 20, Terry Wright and Kenneth Williams, HCPD-000223, Charles W. Boyd, HCPD-000224, 267–268, and 272–273.) Later, the Defendants learned that Mr. Spivey had also victimized other motorists by brandishing and pointing his pistol at them and by his unlawful, erratic and reckless driving while intoxicated. (Ex. 20, HCPD-000235–237, 244–245, 248, 250, 261–262, 268, 272.)
Defendants assert that they were:
- without fault in bringing on the criminal, aggressive, and felonious conduct of Mr. Spivey;
- in fear of death or serious bodily injury at the hands of Mr. Spivey;
- reasonable in their fear; and
- at all times in a place where they had a right to be.
Additionally, Defendants rely on § 16-11-440(A)(1) and (2) and the fact that they were occupying Defendant Boyd’s vehicle at the time of the altercation to establish immunity from the law of retreat and claim their presumption of fear of imminent peril of death or great bodily injury when using deadly force that is intended or likely to cause death or great bodily injury.
This immunity statute permits one to stand his ground and use deadly force if attacked in his vehicle. It should therefore be applied in this case. The Defendants were lawfully in Defendant Boyd’s vehicle and traveling on public highways. Defendants were not engaged in illegal activity during the events that led to Mr. Spivey’s death. The Defendants found themselves in perilous circumstances for which the codification of the “Castle Doctrine” was intended by our Legislature to provide immunity. The court is obliged to weigh all evidence as a factfinder, even if there is conflicting evidence. The Court may not pass the issues of immunity to a jury and must grant immunity if the Defendants establish the elements by a preponderance of the evidence. State v. McCarty, supra.
It should be noted that our courts have held that even though a victim is unarmed it does not prohibit immunity. State v. Cervantes-Pavon, supra. The court noted that as to a reasonable belief of imminent danger “an individual has the right to act on appearances, even if that belief is ultimately mistaken.” State v. Scott, supra at 472, citing State v. Dickey, 394 S.C. 491, 501, 716 S.E.2d 97 (2011). CONCLUSION
The Defendants are entitled to inquiry and review by this Court, and, accordingly, an Order granting to them immunity from civil action pursuant to S.C. Code § 16-11-450(A). Further, Defendants are entitled to an award and judgment for their costs and reasonable attorney fees incurred in defense of this lawsuit pursuant to S.C. Code § 16-11-450(C).
