Former Hooters guard standing trial next week - Odessa American: News

Former Hooters guard standing trial next week

By Paul Wedding | Posted: Friday, July 12, 2019 4:08 pm

A former Hooters security guard charged with shooting a man in the back almost two years ago will stand trial next week after numerous reschedules.

The defendant, 26-year-old Rance Struck, will stand trial in the 358th District Court of Judge W. Stacy Trotter. He is being represented by C.H. Brockett Jr. and Assistant District Attorney Michael Munk is prosecuting the case. Jury selection will begin Monday before the trial begins Tuesday.

Court records show Brockett filed an application for community supervision from the jury. District Attorney Bobby Bland explained this is asking the jury to consider sentencing Struck to probation, avoiding jail time.

“Rance Wayne Struck has never before been convicted of a felony in the State of Texas or any other State,” the application states as justification for granting community supervision.

Bland declined to say whether Struck would actually be eligible for probation. Struck is being charged with aggravated assault with a deadly weapon, a second-degree felony. Should he be found guilty, he could be sentenced to serve anywhere between two and 20 years in prison.

Despite not being convicted of a felony before, Brockett also submitted a motion in limine, which asks the court to enter an order instructing the prosecution not to mention or refer to in any manner any alleged crimes, wrongs or other acts by Struck other than those he is charged with. The motion also asks to exclude evidence of Struck’s character.

“It is anticipated that during at trial, and in the presence of the jury, in this cause, the State will offer testimony regarding a number of character traits of Rance Wayne Struck that are not relevant to this cause,” the motion reads.

This evidence, stated in the motion, includes general tendencies to be or specific instances of having made threats at home, in public or at work, and general tendencies or specific instances of having physical confrontations with other people.

Whether the motion will be enforced will be decided by Judge Trotter at the time of the trial.

Struck was first charged in September 2017 after he reportedly shot 25-year-old Jared Moore in the back as Moore was walking away following an altercation between the two at Hooters, 2600 N. JBS Parkway, Odessa police reported.

Struck admitted to shooting Moore while being interviewed by detectives, police reported at the time.

Moore was taken to Medical Center Hospital with serious bodily injury, but recovered and was in fair condition by the next day.

Court records show Moore was subpoenaed by the State to testify as a witness during the trial.