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by JENN WOOD
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South Carolina attorney general Alan Wilson has asked seventh circuit solicitor Barry J. Barnette to review the findings of a state law enforcement probe into alleged police misconduct surrounding the September 2023 roadside shooting of North Carolina insurance adjuster Scott Spivey.
In addition to determining whether criminal charges are warranted against officers of the Horry County Police Department (HCPD) for their mishandling of the investigation, Wilson has empowered Barnette to review his office’s determination of the “Stand Your Ground” component of this case – which is also being reviewed by agents of the S.C. State Law Enforcement Division (SLED).
In an October 3, 2025 referral letter (.pdf), Wilson noted his office previously declined to prosecute shooters Charles Weldon Boyd and Kenneth Bradley Williams after concluding they were immune under South Carolina’s Protection of Persons and Property Act. But new evidence — including allegations of evidence mishandling and officer misconduct — surfaced during the family’s civil suit and a subsequent corruption probe led by the South Carolina Law Enforcement Division (SLED), prompting Wilson to order a fresh review.
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Wilson directed Barnette to “make any prosecutorial decisions” related to both the alleged misconduct and the underlying shooting, noting that if the investigative record has changed, Barnette should also reassess whether immunity still applies.
“I would ask you to review the entire investigation, including the review of the death of Scott Spivey and my office’s determination of immunity under the Protection of Persons and Property Act, commonly referred to as ‘Stand Your Ground Act,'” Wilson wrote.
Wilson made it clear he was empowering Barnette to reverse his findings in the event new information led him to such a conclusion.
“I request that you make any prosecutorial decisions and handle the prosecutions as to misconduct and include the death of Scott Spivey if you find the current investigation, including the alleged misconduct, changes the analysis of my office,” he added.
The letter copied SLED chief Mark Keel – and assured full cooperation from the agency.
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A FATAL ENCOUNTER, A FLAWED INVESTIGATION
On the evening of September 9, 2023, 33-year-old Scott Spivey was driving home along Highway 9 when an encounter with two men escalated into a deadly confrontation on Camp Swamp Road near Loris, S.C. Both shooters admitted opening fire, claiming self-defense — but Spivey’s family insists he was ambushed and shot from behind.
Despite the men’s confessions, the attorney general’s office declined to prosecute, citing insufficient evidence and concluding their actions were justified under “Stand Your Ground.” That decision — and the way HCPD handled the investigation — has set off a two-year storm.
Spivey’s family filed a wrongful death lawsuit in June 2024. Civil discovery revealed missing body-camera footage, uncollected physical evidence, and chain-of-custody gaps. Those revelations spurred Horry County officials to ask SLED to reopen the case in May 2025.
Within weeks, SLED’s corruption probe led to internal shake-ups. HCPD deputy chief Brandon Strickland resigned in March amid an internal affairs inquiry, and officer Paul Vascovi was fired after body-cam video showed him holding up a handwritten note instructing Boyd to “act like a victim” at the crime scene.
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RELATED | THE ROADSIDE SHOOTING OF SCOTT SPIVEY
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Audio from multiple 911 callers paints a chaotic, high-speed chase stretching nearly fifteen miles from North Myrtle Beach to Camp Swamp Road. Witnesses described Spivey driving erratically and brandishing a gun — but others reported Boyd’s truck tailing and engaging him before both vehicles pulled over.
When the shooting began, more than forty rounds were fired. One caller told dispatchers the man in the white truck “unloaded a complete magazine” through Spivey’s windshield after warning him not to follow. The fatal bullet entered Spivey’s back.
These conflicting accounts, combined with questions about how investigators processed evidence, lie at the heart of whether Boyd and Williams were truly acting in self-defense — or whether HCPD’s rushed acceptance of their story skewed the attorney general’s original analysis.
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RELATED | NANCY MACE BLASTS ALAN WILSON OVER SCOTT SPIVEY CASE
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THE POLITICAL FALLOUT
Wilson’s handling of the case drew sharp criticism from U.S. congresswoman Nancy Mace, one of his declared 2026 gubernatorial rivals. Mace accused him of stonewalling the Spivey family and putting politics above justice. From her first statements on the matter, Mace framed the attorney general’s declination not as a legal judgment, but as a political calculation designed to protect his image ahead of the upcoming election.
“We believe it’s a cover-up,” Mace said earlier this year. “We’ve spoken with the Spivey family. We’ve heard their pain. And we’ve seen how Alan Wilson ignored them at every turn. He refuses to prosecute, refuses to return their calls — and when he finally showed up in their backyard, he had nothing to say.”
Mace’s campaign has since made the case a recurring talking point — portraying Wilson as a career politician unwilling to challenge entrenched law enforcement interests, even when faced with evidence of mishandled investigations. In stump speeches and social media posts, Mace has used Spivey’s name alongside others — including victims in unsolved or un-prosecuted violent crimes — to underscore what she calls a pattern of cowardice and complacency within South Carolina’s justice system.
For Wilson, the criticism has been as much about credibility as politics. His office maintains that at least three senior prosecutors independently reviewed the evidence and reached the same conclusion: that Boyd and Williams were legally justified under the state’s “Stand Your Ground” statute. But with the new referral, Wilson has effectively invited an independent review of his own decision — a move that could either vindicate his office’s analysis or expose flaws in how the case was handled.
Sources familiar with the investigation have indicated all available evidence continues to support the decision reached by Wilson’s office.
The referral also creates a degree of distance between Wilson’s office and any future prosecutorial decisions. By assigning the case to a solicitor outside of Horry County, Wilson allows for an independent review of both the original investigation and his office’s prior analysis — signaling that he is open to further scrutiny of the case. The move effectively places the next steps in the hands of Barnette, whose findings could either reaffirm or revise the conclusions previously reached by the attorney general’s office.
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WHAT COMES NEXT
Barnette now assumes full authority over the matter. His review will determine whether any newly uncovered evidence — including information from the ongoing SLED corruption probe — alters the factual or legal landscape of the case. That could mean pursuing criminal charges, limiting the review to potential misconduct within Horry County law enforcement, or confirming that the attorney general’s original decision remains supported by the evidence.
Whatever the outcome, the referral ensures that the final word on the Spivey investigation will come from a prosecutor outside the case’s original orbit — one tasked with independently testing the integrity of both the investigation and the state’s application of South Carolina’s “Stand Your Ground” law.
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THE REFERRAL LETTER
(S.C. Attorney General)
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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8 comments
Barry’s on the case?
Those guys are torched.
IF theres a shred of guilt by them.
People forget, the AG is our main prosecutor for the state. He is not suppose to know the scuttlebutt that some of us know through the grapevine. He is responsible for prosecuting a case based on the evidence that is given to him. He has to have faith in who the people of a city vote in as their solicitor. If theres issues our AG steps in, but you have to give him time to assess the situation and not troll him into doing things, then criticize him when he does. Cases can’t run successfully on hearsay or emotion, that’s why its imperative for our local police to be just as impartial and as ethical as a Judge.
Apparently you have not researched this case. There are hours and hours of phone calls where Weldon says how much fun he had. A G had all that evidence and didn’t appear to listen to it. The two of them want to get a teardrop tattoo to celebrate their kill. The Horry County cops were crooked from the beginning assuring Weldon they would work it out for him. And “ethical” judges are few and far between in this state. You should listen to NYT podcast with Valerie Bauerline called Camp Swamp Road or Mandy Matney’s podcast.
I just watched some videos on it and read about it. Im not entirely knowledgeable about it, but I stand with public opinion on this one. Those two guys were in the wrong.
This may not be popular. Unfortunately, the photo of brandishing the weapon outside the vehicle follows the narrative, despite the argument the gun was placed there or not. Everything points to these two as the aggressive party, they weren’t protected by stand your ground, according to the narrative they acted in self defense, like falling down an elevator shaft onto some bullets could be considered suicide.
The state can’t assume citizens to understand the Use of Force continuum by leaving things open in the Stand Your Ground law, the model our law enforcement goes by. Boyd was Army, they are trained in escalation of force when threatened but he knows what an enemy combatant looks like. I still dont see the initial threat to them to chase scott claiming they were threatened until you go back to the photo of Scott brandishing a weapon outside the window of the car. It can be articulated and by some stroke of luck they decided to take a picture of it.
Stand your ground is primarily a law for home protection and avoiding red tape if you shoot an intruder. Unfortunately when writing this law, some legislators were daydreaming about running into a public event and stopping terrorists like John Mcclane. Its not meant to go driving around thinking you’re the Law and pursing a guy who flipped you off who then shows his gun to ward off the two nutcases following him, giving them an excuse. 911 dispatch should of ordered them to stop and await police arrival, that would of worked against them by continuing the pursuit.
Scott Spivey died at the hands of a couple of antagonizers who absolutely escalated that situation, they had every chance to break from the situation and instead they chose violence. Scott would be alive today with his family, if they acted like responsible gun owners (no this isnt an argument for the left, most gun owners in this state know the responsibilities) But no one had any responsibility to the weapons they all held.
I dont think Solicitor Barnette will change Alan Wilsons decision even if police misconduct is at play, under stand your ground. This isnt the fault of the attorney general or solicitors its the situation and its elements. Its tragic. But I know I dont want those two walking around with teardrops and armed. Im sure following Scott prior to the brandishing of the firearm can classify as something.
On a side note…
I just noticed there’s another element here, and its a tad distasteful. Nancy Mace knew retriggering this wouldn’t change the results but it would reintroduce us to the topic and focus blame on Alan Wilson, if it stays the same we cry corruption if it changes we blame incompetence, blaming everyone but our hero. Bravo Nancy Mace, turns out there is more to those rants than meets the eye.
Bout time!
Wondering how long it’s going to take Bradley to flip on Weldon now.
Do you honestly think that Wilson would allow a prosecutor who would find any differently when he knows it would derail his campaign for governor. This is just going through the motions to placate the family so he can say, see I told you so.
I pray that is not true