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SAN DIEGO COUNTY DIGEST

San Diego

November 22, 1986

A man accused of firing a stray shot that killed a bystander in Marina Village was ordered Friday to stand trial on a murder charge.

David Matthew Tucker, 22, also was ordered to stand trial on charges of attempted murder and assault against Michael Moller, 26, whom a prosecutor said Tucker had aimed at.

Charles Bryant, 31, was killed Oct. 21 when he ducked into a car after he heard gunfire outside a restaurant.

Deputy Dist. Atty. Sally Williams said the shooting came after remarks were made about a woman who was with Moller, the son of a police lieutenant.

On Dec. 22, 1981, Moller was assaulted by two off-duty sheriff's deputies at a Hillcrest taco shop. His friend was wounded when the deputies shot at him 11 times.

Robert Grimes, Tucker's attorney, tried to bring up that incident, but San Diego Municipal Court Judge Lisa Guy-Schall ruled it irrelevant and wouldn't admit any facts about any previous altercation involving Moller as evidence.

Tucker remains free on $100,000 bail. A trial date will be set at his arraignment Dec. 5.

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