Lawsuit claims North Myrtle Beach restaurant owner killed man in ‘shootout’

HORRY COUNTY, SC (WMBF) – The family of a Horry County man killed in the Longs area is now suing the man accused of shooting him.

The estate of Scott Spivey filed a wrongful death lawsuit Monday against Weldon Boyd, the owner of Buoy’s on Boulevard in North Myrtle Beach, and Kenneth Williams, who was a passenger in Boyd’s truck.

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The lawsuit alleges that on September 9, 2023, Spivey was driving a black Chevrolet Silverado and Boyd was driving a white Dodge Ram when an altercation occurred between the two at the intersection of Highway 57 and Highway 9.

This “infuriated Boyd and caused him to pursue Spivey,” the lawsuit says.

The documents show that Spivey performed a “brake test” to prevent him from following so closely.

“Boyd and Williams then, without any immediate threat to themselves or others, began to more vigorously threaten and unlawfully pursue Spivey,” the lawsuit states.

Spivey’s estate also claims that Boyd’s 911 call is proof that Boyd was stalking him.

“At approximately 5:54 p.m., Boyd calls 911 and tells the dispatcher, ‘If I see that gun again, I’m going to take him/the *swear word* down. He’s speeding. Trying to get away from me.’ At this and all other times, Spivey was not threatening any specific person, nor was there any such imminent threat,” the lawsuit states.

Documents show that Spivey turned onto Camp Swamp Road and stopped his car, then asked Boyd why he was following him and told him to leave him alone before the shooting started, the lawsuit says.

“Boyd and Williams began shooting at Spivey, killing him in a volley of fire,” the lawsuit states.

The South Carolina Attorney General’s Office declined to prosecute Boyd in connection with Spivey’s death because there was insufficient evidence in the case.

Horry County Police also released five 911 calls made before, during and after the fatal shooting.

*WARNING: Some viewers may find the emergency calls, details and language used disturbing*

One witness described seeing Spivey driving recklessly while brandishing a gun in the area of ​​Highway 9 and Camp Swamp Road. Another caller told dispatchers he saw Spivey aggressively driving toward Boyd’s truck.

After the shooting, Boyd stayed on the line and told dispatchers that Spivey was the one who fired the first shot.

The wrongful death lawsuit against Boyd and Williams accuses them of assault, battery and wrongful death.

Spivey’s estate is seeking damages, which will be determined by a jury at trial.

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