MYRTLE BEACH, S.C. (WMBF) – A man serving a 30-year prison sentence in connection to a deadly 2007 Myrtle Beach shooting is seeking a new trial, according to court documents.
Brian Spears, 33, who was convicted of murder and assault and battery with the intent to kill in 2010, filed a post-conviction relief application on Thursday.
PREVIOUS COVERAGE: NC man found guilty in 2007 Bike Week murder trial
Spears reportedly opened fire on four people in the early morning hours of May 27, 2007, while visiting the area for the Memorial Day Bike Rally. Three of the victims survived, but the shooting proved fatal for 22-year-old Aaron Hammonds.
In his handwritten application, Spears speaks to the ineffectiveness of his attorneys during trial.
Spears, among other claims, says his attorneys failed to call a witness who did not pick him out of a photo line-up as the shooter. The witness, according to court documents, picked another man in the line-up as the person responsible for the deadly shooting.
Spears also alleges prosecutors knowingly introduced false testimony by Hammonds’ sister, who said a friend of her brother told her Spears previously shot Aaron at a Lumberton Walmart in a “prior bad act incident," court documents state.
“This deliberate introduction of false propensity evidence used during trial and in the prosecutions closing arguments could very well be the basis of the jury’s guilty verdict,” Spears said.
Spears is currently incarcerated at Lee Correctional Institution in Bishopville.