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by JENN WOOD
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Attorneys for two South Carolina men implicated in a high-profile ‘Stand Your Ground’ incident are pushing back against a recent request from the victim’s family seeking expanded access to forensic data extracted from their electronic devices — calling the request overly broad, procedurally flawed and fraught with privilege concerns.
In a newly filed response, defense lawyers for Charles Weldon Boyd and Kenneth Bradley Williams – who fatally shot 33-year-old insurance adjuster Scott Spivey following a vehicular incident in rural Horry County in September 2023 – want the court to deny a motion from Spivey’s family asking the S.C. State Law Enforcement Division (SLED) to produce full raw data downloads from the defendants’ phones and tablets.
As previously reported, plaintiffs moved last week to force SLED to turn over the complete universe of extracted device data — not just the subset previously included in the agency’s investigative file — arguing the broader downloads fall within an outstanding civil subpoena and may contain relevant evidence ahead of a decisive upcoming ‘Stand Your Ground’ immunity hearing.
Defense attorneys sharply disputed that framing.
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“The subpoena at issue sought SLED’s investigative file materials — not full forensic images or complete extraction datasets,” the response (.pdf) stated, arguing the new motion attempted to expand the original request after the fact.
They further described the demand for full device downloads as “facially overbroad and untethered to any properly limited discovery demand.”
According to the filing, wholesale production would sweep in large volumes of unrelated personal material.
“Raw device extraction data necessarily contains vast quantities of private, irrelevant information wholly unrelated to this litigation,” defense counsel wrote.
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RELATED | NEW MOTIONS TARGET DEVICES, DEPOSITIONS, DELETED MESSAGES
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Lawyers for Boyd and Williams also stressed that the original device searches were conducted under limited consent agreements — not broad warrants — and were subject to scope restrictions, including protection for attorney-client communications. Producing full raw downloads without layered review, they warned, “would inevitably risk disclosure of privileged communications.”
Concern over public dissemination of sensitive materials continues to concern the defense team. Pointing to extensive prior media coverage and earlier discovery disputes, defense attorneys argued the case has already been “tried extensively in the media” — placing direct blame for that on plaintiffs’ attorneys.
According to the filing, the plaintiff’s personal representative testified that she passed along information she received to podcasters and reporters sympathetic to her side of the case — a practice the defense says demonstrates a real risk that raw device data and other discovery materials could be publicly circulated if released without strict controls. Those circumstances, the defense argues, “independently justify heightened protections against dissemination of discovery materials and against compelled production of unfiltered device data.”
The ‘Stand Your Ground’ civil drama is tied to a wrongful death lawsuit filed against Boyd and Williams by Spivey’s family. Spivey was shot and killed on Camp Swamp Road in rural Horry County – just south of the North Carolina border – following a chaotic, miles-long encounter involving his pickup truck and another pickup truck driven by Boyd.
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Boyd and Williams – a passenger in Boyd’s truck – have admitted firing the fatal rounds, but insisted they acted in lawful self-defense after Spivey allegedly waved a gun, drove erratically and fired at them first. Spivey’s family has disputed that account, accusing the two men of engaging in an enraged pursuit that culminated in a “premeditated” ambush. The S.C. Attorney General’s Office declined to prosecute either Boyd or Williams criminally, however, concluding the shooters were immune under the state’s ‘Protection of Persons and Property Act,’ a.k.a. South Carolina’s ‘Stand Your Ground’ law.
The Spivey case has attracted national attention thanks in no small part to media leaks – although in fairness, those leaks have helped expose serious issues with the Horry County Police Department (HCPD) investigation of the shooting. These issues include, but are not limited to, missing or mislabeled body-camera footage, chain-of-custody concerns and the apparent coaching of Boyd at the crime scene by HCPD officers.
The revelations of police misconduct were severe enough to trigger a corruption probe led by SLED and the resignation or termination of key officers.
As the civil case has progressed, it has intersected with allegations of attorney misconduct, claims of witness harassment, and — most recently — the attorney general’s extraordinary decision to request an outside solicitor to independently review both the shooting and the police’s alleged mishandling of it.
If S.C. circuit court judge Eugene C. Griffith, Jr., who is presiding over the hearing, is inclined to order any additional production from SLED, the defense is asking for tight safeguards — including a strong protective order, attorney’s-eyes-only access and neutral third-party forensic filtering before any materials are shared.
“If the Court orders any additional production,” the filing stated, it should occur “only with robust protective measures.”
The ongoing data dispute adds another layer to the fast-moving evidentiary fight ahead of the February 17, 2026 Stand Your Ground immunity hearing — a proceeding that could end the Spivey wrongful death lawsuit without a jury trial if civil immunity is upheld.
Judge Griffith has not yet ruled on the competing motions.
FITSNews will continue tracking developments as the hearing approaches.
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THE RESPONSE
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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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2 comments
It is impossible to believe that this is still being considered “stand your ground”. Weldon Boyd, by his own dumb, unintentionally recorded, admission makes it clear he was chasing Spivey. Funny thing, Boyd was nowhere near his own home, business or where he says he was coming from. Had he really been afraid of Spivey, Boyd simply needed to stop on the roadside or pull into any of the businesses along Hwy 9. If Spivey had made a U-Turn and driven back to where Boyd was parked – then you might have a case for “stand your ground”. There’s a gas station less than a quarter mile from the turn onto camp swamp road – pull in and call the police if you’re concerned – or better yet, make a U-turn and go on about your business.
All that said, assuming that Spivey is innocent in all of this (he wasn’t), all he had to do was keep driving until he found a cop or lost Boyd (who while was driving “according to Boyd” a much more powerful vehicle was towing a trailer). Instead, he turns off onto a country road, pulls over and gets out of his truck to confront Boyd.
There’s a lesson here about gun fights – never get in one if can’t defend your position and your decision. Boyd and Williams deserve to go to jail and if Williams has a lick of sense, he’ll throw Boyd under the bus for putting him in that position to begin with.
Daily scoper I like the efforts you have put in this, regards for all the great content.