‘Stand Your Ground’ Showdown: New Motions Target Devices, Depositions, Deleted Messages

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by JENN WOOD

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The evidentiary fight in the high-profile Scott Spivey wrongful death case has expanded again — with a new wave of motions seeking to force additional disclosures, compel third-party compliance and sanction alleged discovery violations ahead of next month’s decisive ‘Stand Your Ground’ immunity hearing.

The latest filings come as S.C. circuit court judge Eugene C. Griffith, Jr. prepares to gavel a high-stakes immunity hearing to order beginning Tuesday, February 17, 2026 – a proceeding that could stop the wrongful death case in its tracks if the defendants are found to have been immune under South Carolina’s self-defense statute.

Currently at issue are three escalating fronts: forensic device data held by state investigators, subpoena compliance by medical providers and expert deposition testimony plaintiffs want formally locked into the record.

The lawsuit stems from the roadside shooting of Spivey – a 33-year-old North Carolina insurance adjuster – on Camp Swamp road in rural Horry County in September 2023. The admitted shooters — Charles Weldon Boyd and Kenneth Bradley Williams — were not criminally charged after prosecutors concluded they were protected under the Palmetto State’s Protection of Persons and Property Act, commonly known as the state’s ‘Stand Your Ground’ law.

Spivey’s family has continued to pursue civil claims, arguing the shooting was not justified and that the original investigation was deeply flawed — allegations that later triggered a separate corruption probe led by the S.C. Law Enforcement Division (SLED) and the departure of multiple Horry County Police Department (HCPD) officials.

Because ‘Stand Your Ground’ immunity bars civil liability as well as criminal prosecution, the upcoming hearing is effectively a gatekeeping event. If immunity is upheld, the wrongful death case ends without a jury trial.

That stark reality has intensified the battle over what evidence judge Griffith will allow to be considered…

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PUSH TO FORCE SLED DEVICE DATA

Among the latest filings is a motion (.pdf) seeking an order to require SLED to produce the full universe of data extracted from the defendants’ electronic devices — not just the portion previously provided to investigators.

According to the filing, both defendants consented shortly after the shooting to SLED forensic downloads of their phones – and a tablet. Plaintiffs argued that while SLED provided limited material tied to the criminal investigation, the agency still retains broader extraction data that falls within an outstanding civil subpoena.

In the motion, plaintiffs say SLED has acknowledged possessing these full device downloads and does not dispute their relevance — but has declined to release them without a direct court order.

They are now asking judge Griffith to compel production of “any and all materials and data” collected from the defendants’ devices.

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SUBPOENA AND MEDICAL RECORDS FIGHT

Plaintiffs have also filed a separate motion (.pdf) to compel compliance with subpoenas issued to medical providers, seeking records they contend are relevant to credibility and state of mind issues tied to the ‘Stand Your Ground’ claim.

That motion asked the court to require full responses to subpoenas issued in March 2025 and January 2026. The supporting memorandum was filed under seal, indicating the records at issue involve sensitive medical information.

Defense attorneys have previously pushed for tight confidentiality limits around medical and psychiatric materials involving Boyd, arguing such records should be strictly controlled and not broadly circulated in discovery.

Judge Griffith is expected to address how — and under what protections — such records may be used if produced.

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RELATED | EVIDENCE BATTLE ESCALATES

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DELETED MESSAGES…

Plaintiffs have also asked the court to step in over what they say was the deletion of potentially important Facebook Messenger conversations between the two shooters — and are seeking possible sanctions as a result.

In a newly filed motion (.pdf), attorneys for the Spivey family pointed to an audio recording made shortly after the shooting in which Boyd allegedly told Williams to delete their private Facebook chat after learning their phones might be seized by investigators. According to the filing, Boyd could be heard instructing Williams to remove the conversation and suggesting they instead say they communicated through other channels if asked.

Plaintiffs argued those messages could have contained relevant discussions about the shooting and its aftermath — and that deleting them has raised serious credibility questions tied directly to the defendants’ self-defense claim. They are asking the judge to issue a rule to show cause, which would require the defendants to explain their actions in court and could open the door to penalties if a discovery violation is found.

The motion also cited later deposition testimony in which Williams acknowledged deleting Messenger content after speaking with Boyd – yet Boyd said he did not recall telling anyone to delete messages. Plaintiffs argued those statements — when compared with the recorded call — have created a factual conflict the court should weigh.

If Griffith determines there was improper deletion of evidence, he has several options, including financial sanctions, limits on what evidence the defense may present, or allowing the court to draw negative credibility inferences. No ruling has yet been issued on the request.

In a case where the upcoming Stand Your Ground hearing could end the lawsuit before trial, disputes over missing messages — and why they disappeared — now carry added weight.

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RELATED | THE ROADSIDE SHOOTING OF SCOTT SPIVEY

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EXPERT AUDIO TESTIMONY FORMALLY DESIGNATED

Meanwhile, plaintiffs also filed formal deposition designations (.pdf) for forensic audio expert Robert C. Maher, Ph.D., P.E. — the Montana-based audio engineer who analyzed 911 and mobile phone recordings of the shooting.

In sworn testimony (.pdf) now designated for use at the immunity hearing, Maher told attorneys the recordings contain 29 clearly identifiable gunshots — and, in his expert opinion, no gunshots can be heard before the first loud, unmistakable shot in the main burst of gunfire captured on the phone recording.

Maher also testified the first 17 shots sound so similar in volume, pattern and spacing that they most likely came from the same gun. He pointed to one unusual moment where two shots occur extremely close together — closer than normally expected — which he said could mean two guns fired nearly at the same time or that one gun briefly “double-fired.”

Rather than relying on guesswork, Maher explained that his conclusions come from comparing the sound patterns and timing of each shot across the recording — a standard approach in forensic audio analysis. He described his confidence level as stronger than “more likely than not,” though not absolute — placing his opinions within accepted expert standards.

By formally designating Maher’s deposition testimony and visual exhibits — including shot-timing charts and sound pattern graphics — plaintiffs are ensuring the judge can consider his findings even if live expert testimony is limited. His analysis is expected to be used to help the court evaluate the order and timing of the shots as it weighs the ‘Stand Your Ground’ immunity claim.

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THE CLOCK IS NOW RUNNING

With the ‘Stand Your Ground’ immunity hearing now just two weeks away, the pace of filings suggests both sides are racing to shape the evidentiary record before judge Griffith makes what could be a case-ending decision.

The unresolved questions are no longer just about what happened on Camp Swamp Road — but about deleted messages, device extractions, expert audio science and the outer limits of discovery in a case where immunity would shut the courthouse doors entirely.

One way or another, the next rulings will determine what the judge gets to see — and what never makes it into the room.

FITSNews will continue tracking every filing and order as the hearing approaches.

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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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