Officer Shot RSM Motorcyclist 5 Times, Twice in Abdomen

Dennis Mitchell Mueller rolled into Orange County Superior Court late Tuesday morning—in a wheelchair.

Rather than being the speeding motorcycle rider with a that attracted a motorcycle cop on March 10, the 20-year-old's movements in the Harbor Justice Center were far more pedestrian, his speed totally dependent on a brawny bailiff.

Mueller, involved in the first officer involved shooting in Rancho Santa Margarita city history, remains in Orange County Jail following a pretrial hearing.

The Orange County District Attorney's office is investigating the shooting, in which O.C. Sheriff's Department deputy Manuel Cruz confronted Mueller in front of his home in a Robinson Ranch cul-de-sac and shot him several times. 

Still feeling the effects of five gunshot wounds—two to the abdomen, one in the right side, two in the left arm, according to his attorneys—Mueller entered the courtroom from the back and wheeled up the aisle, unlike other prisoners who entered from the side of Courtoom H1 into a caged area.

Mueller's attorneys are Brent Romney, Joel Baruch and Barbara Patison. Romney said that Mueller has abdominal issues and is still "in considerable pain, and there is a danger he could lose control of his arm."

• Sign up to receive the daily Patch newsletter, or follow RSM Patch on Facebook and Twitter.
• If you're a business owner or manager, claim the free listing for your business here.

Mueller's defense team met with Judge Karen L. Robinson and prosecutor Christopher Duff for about 35 minutes in the judge's chambers before Mueller made his appearance in court.

The pretrial hearing was more of a bookkeeping matter in the judicial process. Mueller has a preliminary hearing May 7 when the prosecution, led by Duff, will present evidence that he hopes will convince a judge that Mueller should go to trial for felony evading a police officer/reckless driving, and misdemeanor counts of resisting and obstructing an officer, and driving on a suspended license.

Mueller who entered court Tuesday with a swatch of his dark brown hair dyed red and a goatee that is new since his booking photo, has pleaded not guilty.

, Mueller was spotted by Cruz—a motorcycle officer—traveling at a high rate of speed near Santa Margarita Parkway and Alma Aldea. Although Cruz lost Mueller, he recognized the motorcycle and driver from previous contact and went to the neighbordhood Mueller lived. The D.A.'s office said and ran through red lights.

In front of Mueller's house on Meadow Park Lane, Cruz had his gun drawn and warned Mueller to not move, but the man instead advanced toward the officer and reached toward the inside of his jacket or waistband, authorities said. Cruz then fired on Mueller. This account, according to police, is supported by witnesses.

According to Joel Baruch, Cruz fired "seven or eight" times, with at least one bullet hitting a neighbor's garage and another a vehicle. Baruch accused Cruz of "lying in wait."

Romney indicated that it's unlikely Mueller will be the only one on trial. Cruz, a 10-year veteran of the Orange County Sheriff Dept., will also be under a microscope.

"The big question, since this was a one-on-one police shooting, and they've had shootings in Fullerton, Mission Viejo and Long Beach ... I think there's a concern by a lot of people how come there are so many police shootings," Romney said. "That's a concern we have in this case. Is there a shift in the mentality of law enforcement where they're ready to use deadly force too quickly.

"We anticipate ... the state attorney general, the U.S. attorney, will look at this to see if there's any criminal liability on the part of the shooter."