Secret tapes sink shooter's defense in Scott Spivey road rage killing

After a hearing that spanned four days, Circuit Court Judge Eugene Griffith ruled that Boyd's secretly recorded phone calls with a Horry County police official showed he was seeking law enforcement help and trying to avoid responsibility.

Boyd and a second defendant, Kenneth "Bradley" Williams, have maintained they acted in self-defense, telling investigators that Spivey drove erratically and posed a deadly threat.

Under South Carolina's "Stand Your Ground" law, individuals may use deadly force if they reasonably believe they are in imminent danger of death or serious bodily injury. The law also allows defendants to seek immunity from both criminal prosecution and civil lawsuits.

Local prosecutors previously declined to file criminal charges after determining the shooting fell within the scope of the state's self-defense law.

Spivey's family later filed a wrongful-death lawsuit, arguing Boyd and Williams escalated the encounter and were not entitled to immunity.

During the recent hearing on Feb. 20, attorneys presented witness testimony, 911 recordings and other evidence as the judge considered whether the men qualified for legal protection.

In denying Boyd's immunity claim, Griffith said the defendant's account was inconsistent with the physical evidence and other testimony.

While the judge has ruled that Boyd can now face the family's civil lawsuit, a separate decision regarding Williams' immunity is pending.

WATCH:

Outside the Horry County courthouse on Feb. 20, according to the Post and Courier, the Spivey family's attorney criticized how authorities handled the initial investigation.

"I subpoenaed the Attorney General's Office to see what they had. And I'll tell you, this pile of stuff in front me is a fraction of what they had, and they did not look at it. This is so patently clear from the word go. This is not 'stand your ground.' This a travesty that we are here right now."