Former Hooter’s security guard receives no prison, 10 years of probation
Odessa TX July 23 2019
The former security guard who shot a man in the back outside Hooters almost two years ago was issued his punishment Monday afternoon when a jury sentenced him to 10 years of probation.
Rance Struck, the 26-year-old gunman, received his sentence after being found guilty Friday of the second-degree felony of aggravated assault with a deadly weapon. His sentence of 10 years was the maximum length of time allowed to receive probation. If he had been sentenced to prison, he could have served between two and 20 years.
Struck was eligible for probation, or community supervision, due to having never been convicted of a felony prior to this. Probation comes with several conditions to staying out of prison, including committing no further offense against state or federal law, regularly reporting to their probation officer, community service, and possibly submitting to alcohol and drug testing and electronic monitoring. Should he violate a condition of his parole, a warrant for his arrest would be issued.
The punishment phase of Struck’s trial, leading up to his conviction, began Monday morning with Assistant District Attorney Michael Munk presenting evidence of a previous incident where police reported Struck attacked his mother with a hockey stick when he was 16. While he was arrested at the time, he was never convicted.
Struck’s sister, Raya Morris testified she felt like Struck was a loving, caring, considerate man.
“He can follow the rules of probation,” Morris told the jury about her brother. “He is a very by-the-book man.”
Munk told Morris her brother had to follow lots of rules as a guard, but didn’t follow them when he followed his victim Jared Moore outside of Hooters and shot him in the back with his sidearm.
Moore was shot by Struck after Moore and friends of his mocked him at Hooters that night, calling him “top flight security.” Moore’s friends, Trevor Cain and Michael Martin, were at the scene that night, and testified to Struck coming outside and telling them to “get their p**sy asses back to Houston” before Moore swung at Struck. Following pepper spraying Moore, he reportedly kept swinging at Struck before Struck pulled out his sidearm. After beginning to run away, Martin and Cain testified to Struck pursuing Moore and shooting him in the back.
Struck is currently living with his mother in Midland, Stacy Johnson, who also testified Monday morning. She told the jury Struck was welcome to continue living with her, and said a reported incident of him striking her with a hockey stick was a case of him being a “spoiled rotten teenager” and didn’t want him arrested at that time. Another report brought up was of Struck threatening harm on his entire family, but she said that report was by Struck’s older brother, who she said was on drugs at the time and denied the report.
“Rance has never laid a hand on me or caused me any bodily harm,” Johnson said, contradicting reports taken during the time of the incident.
Struck also took the stand once again and told the jury he respected their verdict but felt like his whole world came crashing down.
“I’d very much like to see my nieces and nephews grow up, and not behind bars,” Struck told the jury.
Struck said shooting Moore outside Hooters made him rethink who he was, and said he was very sorry for what happened to Moore.
Despite this, Munk pointed out Struck was still telling the jury it was part of his job to follow Moore and his friends out, despite the manager of Hooters at that time testifying he told Struck to leave the group alone.
When asked if he was willing to tell the jury anything to get probation, Struck said no, but Munk pointed out earlier Struck said he was willing to do anything to get away from Moore when he felt he was in danger of being killed.
In his closing statement to the jury, Munk called Struck’s shooting a deliberate action, calling him cold and calculated.
“He used his training to become a predator instead of a protector,” Munk told the jury.
Munk asked the jury if probation was appropriate for someone who shoots another person in the back. And despite Struck’s attorney, C.H. Brockett Jr., calling the incident a mistake in judgment, Munk pointed out there were several times Struck could have avoided his conflict with Moore.
Brockett told the jury probation would be a chance for Struck to show he knows how to follow the rules, and called Struck someone who made a grievous mistake. Were he actually cold and calculated, Brockett said, there were several opportunities for Struck to shoot Moore before the eventual altercation between the two.
“He just volunteered for the wrong ass-whipping,” Brockett said about Struck.
Following the announcement of Struck’s sentencing, little emotional difference could be seen in Struck’s demeanor, but family members left the courtroom, in tears and hugging.
