Family of man killed in shooting outside Longs sues North Myrtle Beach business owner who pulled the trigger

NORTH MYRTLE BEACH, SC (WBTW) — The sister of a North Carolina man who was fatally shot along Highway 9 in September is suing two people, including a North Myrtle Beach resident responsible for pressing the trigger.

Scott Spivey, 33, of Tabor City, died in the Sept. 9 shooting along Camp Swamp Road in the Loris area. He was involved in an altercation with Kenneth Williams and Weldon Boyd, owner of the popular Buoy's on the Boulevard.

In April, the state attorney general's office declined to prosecute Boyd due to insufficient evidence. The move came after 15th Circuit Solicitor Jimmy Richardson asked the agency to assist Horry County police following a Sept. 12 social media post by Boyd thanking authorities for their work.

In the 12-page complaint filed Monday in Horry County Common Pleas Court, Spivey's sister, Jennifer, offered a different account of what happened that afternoon, refuting comments made by Boyd in a 911 call as the incident was unfolding.

Scott Spivey was driving on Highway 9 just before 6 p.m. when an unknown altercation took place between him, Boyd and Williams.

“At times, Boyd drives his vehicle dangerously close to the rear of Spivey’s vehicle,” the lawsuit states. Spivey then attempted to “brake” Boyd, hoping to end the chase.

“Boyd and Williams then began, without imminent threat to themselves or anyone else, to threaten to illegally pursue Spivey even more vigorously,” the lawsuit claims.

After more than ten minutes, Spivey turned onto Camp Swamp Road, where shots were fired.

Police found Spivey dead in his front seat, leaning over his center console with a handgun right under his hand.

In April, News13 received 911 calls from Horry County police detailing what Boyd and a witness saw and heard.

Horry County police released five calls regarding the shooting, including one from Boyd, who told dispatchers he was “going to shoot him.” [Spivey]» if he continued to “brandish a weapon in his face”.

“I have a guy driving a gun at me, we are armed too. He keeps throwing the gun in our faces, acting like he's about to shoot us. If he keeps this up, I’m going to shoot him,” Boyd said during the chaotic call. “He's trying to run away from me now.” We are on Highway 9 towards Loris.

The lawsuit seeks unspecified financial damages and accuses Boyd of reckless driving, attempted unlawful arrest of a citizen, brandishing a firearm during the commission of a violent crime, driving too fast for conditions and murder of Spivey, among other charges.