Defense Seeks to Pause Scott Spivey Wrongful-Death Lawsuit During Grand Jury Review

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By Coastal Carolina News Staff Writer

CONWAY, SC — Attorneys representing Weldon Boyd and Bradley Williams have asked a South Carolina court to temporarily halt the wrongful-death lawsuit filed by the family of Scott Spivey, arguing that an ongoing State Grand Jury review could affect their clients’ constitutional rights.

The motion, filed November 5, seeks to pause the civil proceedings until questions surrounding potential criminal exposure related to the case are resolved. According to court filings, the defense argues that continuing with discovery and other civil litigation could place the defendants in a position where they must choose between protecting their Fifth Amendment rights and defending themselves in court.

The request is the latest development in a case that has been closely followed on both sides of the North Carolina-South Carolina border since Spivey, a Tabor City resident, was killed during a confrontation on Camp Swamp Road in Horry County on September 9, 2023. Boyd and Williams have maintained they acted in self-defense and have not been criminally charged in connection with the shooting.

The case has remained active through the civil court system after criminal prosecutors previously declined to bring charges. Earlier this year, a judge denied immunity claims sought by Boyd and Williams, allowing the wrongful-death lawsuit to continue moving toward trial.

Attorneys for the defendants argue that circumstances have changed because a State Grand Jury review remains underway. Court filings contend that proceeding with the civil case while that review is active creates legal concerns regarding testimony and discovery.

The motion follows more than a year of scrutiny surrounding the handling of the original investigation. Public attention intensified after additional records, internal reviews and allegations of misconduct involving members of the Horry County Police Department emerged, eventually leading to a separate federal civil-rights lawsuit filed by members of the Spivey family against current and former law-enforcement officials. Those allegations remain the subject of ongoing litigation.

Coastal Carolina News previously reported on the case in Death of Scott Spivey: What We Know About the Case and the Ongoing Legal Process, which detailed the denial of immunity claims and the continued progression of the wrongful-death lawsuit.

Readers can review that earlier coverage here.

No ruling has yet been issued on the defendants’ request to pause the case.

 


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