A lawsuit was filed against a North Myrtle Beach business owner in the September shooting death of a North Carolina man.
The suit, filed in Horry County this week, stems from a deadly shooting near Longs in September that killed 33-year-old Scott Spivey, who was shot in his vehicle while traveling on Camp Swamp Road.
According to an Horry County police report, Spivey was being followed by a white Dodge truck. The report states that the driver of the Dodge, North Myrtle Beach business owner Weldon Boyd, told officers that he fired toward Spivey鈥檚 vehicle after Spivey jumped out of his truck and started shooting toward Boyd.
Spivey died on scene, authorities said. Also in Boyd鈥檚 vehicle was Kenneth Williams, according to the suit filed on behalf of Spivey鈥檚 sister and personal representative Jennifer Spivey Foley.
Both Boyd and Williams are listed as defendants in the suit.
The suit describes Boyd and Williams beginning to follow Spivey after 鈥渟ome sort of altercation occurred between [Spivey] and Boyd and Williams causing Boyd to be enraged and begin to pursue Spivey.鈥
The suit alleges that Boyd and Williams were driving dangerously close to the rear tailgate of Spivey鈥檚 vehicle, leading to Spivey 鈥渂rake checking鈥 the pursuing vehicle.
After around six minutes of pursuit, the lawsuit alleges that Boyd called 911 and told the dispatcher that if he sees Spivey鈥檚 gun again, he鈥檚 going to 鈥渢ake him ... out.鈥
鈥淎t that time and all others, Spivey was not threatening any specific person nor was there any such imminent threat. Instead of discontinuing their pursuit of Spivey or waiting for law enforcement to intervene, Boyd and Williams continued to chase Spivey along Highway 9 into the Longs section of Horry County,鈥 the suit states.
The lawsuit alleges that Spivey eventually stopped his vehicle and screamed at Boyd asking why he was following him.
鈥淏oyd and Williams started shooting at Spivey killing him in a hail of gunfire,鈥 the suit continues.
A police report stated that Spivey was found dead holding a gun 鈥渨ith the slide locked.鈥 Boyd was not charged with a crime after the Fifteenth Circuit Solicitor鈥檚 Office wrote to the state Attorney General's Office to determine if there should be charges in the case.
The Attorney General鈥檚 Office declined to charge Boyd, saying there was 鈥渋nsufficient evidence to merit criminal prosecution.鈥
The suit, which requests a jury trial, lists three causes of action: civil assault, civil battery and wrongful death. The plaintiff requests punitive and other damages and reimbursement for attorney fees.
When reached Tuesday, Boyd declined to comment about the lawsuit. MyHorry糖心vlog官方入口 has also reached out to Boyd's attorney.
(2) comments
About time. Sad criminal charges weren鈥檛 filed against these murderers. #justiceforscott #spiveysblueberryfarm #spiveysontheboulevard
After listening to the 911 tape two things stand out. 1. Why didn鈥檛 the 911 operator tell Boyd to back off? 2. if someone is supposedly shooting at you why would you want to follow them unless you wanted the confrontation. There seems to be a lot more to this story than just road rage.
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