Motorcyclist Files Claim Against Officer Who Shot Him

Dennis Mueller, who was shot by an Orange County Sheriff deputy outside his Rancho Santa Margarita residence, has filed a claim against the county for damages that he suffered at the hand of a so-called rogue cop.

Mueller, 20, was shot five times—and missed at least twice—by Sgt. Manuel Cruz. Mueller alleges that the deputy fabricated a story in order to avoid criminal liability. The claim also alleges that other deputies or "non-sworn personnel who were not present at the time of the shooting conducted an inadequate investigation and attempted to cover up the truth. Deputy Cruz did not follow the written policies and procedures of the Orange County Sheriff's Department."

According to the document, "Deputy Cruz was angry because he thought that (Mueller) was the individual who had recently evaded him on his motorcycle. Deputy Cruz fabricated a version of the events in order to avoid criminal and civil liability."

As for Mueller's role in the events, the claim says he was "not armed with any weapon, he was located a considerable distance from the deputy, he did not resist the deputy, he did not make any furtive gestures and he did not pose any physical threat to the deputy."

Mueller appeared in Orange County Superior Court . His attorneys say he was shot twice in the lower abdomen, once in the side and twice in the left arm. They said he may lose full use of his arm.

Mueller to a felony and two misdemeanors.

At that time, Mueller's three attorneys indicated that they clearly were going to point a finger at Cruz. "Other cops in the area were told to stand down by dispatch," said Joel Baruch, who has an 85 percent win rate in civil cases according to his website. "He was laying in wait for him."

Mueller, filing an unlimited civil claim that would be in excess of $25,000, is still being held in county jail on a no-bail probation violation hold. He has had more than a dozen run-ins with the law, many associated with traffic violations, but was on three years' probation stemming from a felony conviction last August for receiving stolen property.

The shooting, which happened March 10, is being investigated by the Orange County District Attorney. According to the D.A., Mueller was riding his motorcycle recklessly down Santa Margarita Parkway at 100 mph. He was charged with one felony count of evading while driving recklessly and one misdemeanor count each of resisting and obstructing an officer, and driving on a suspended license. If convicted, he faces a maximum sentence of three years in prison.

. A spokesman said that Cruz, a motorcycle cop, lost sight of Mueller on his Kawasaki but recognized him from previous contact and went to the Robinson Ranch neighborhood where he lived. On Meadow Park Lane, Cruz had his gun drawn and ordered Mueller to not move; instead, Mueller advanced toward the officer and reached toward the inside of his jacket/waistband and Cruz fired on him. The police say that version of the incident has been corroborated by witnesses.