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Who is he?
Mac Gargan was a private detective who was originally hired by J. Jonah Jameson to see how Peter Parker took such good photos of Spider-Man. While he didn't succeed with that task, he was then used as the test subject for an experiment by JJ that turned him into the Scorpion.
How could he work in the movie?
Something about this character doesn't seem like he's ready to be the primary villain of the film. I wouldn't say he's solely a background character either. He could work best as the accomplice of whoever the primary villain might be. Scorpion is more muscle than brains so his function in the film would primarily be fighting Spider-Man, which could make for great action scenes.
Who should play him?
You need someone in this role that can be physical, scary, but also funny. With those traits in mind I propose Michael Rooker for the role. He might be a little ragged and not exactly a name you'll think of when you picture a studio superhero movie, but Rooker has proven time and time again that he's a fully capable dramatic actor with two very scary and humorous sides (see his work in "Henry: Portrait of a Serial Killer," "The Walking Dead," and "Slither").
(Photo Credit: WENN)