Deputy Cleared in Rancho Santa Margarita Shooting

By Martin Henderson

"Dude, don't do it, stop, don't do it!" 

Those were the last words sheriff's Deputy Manuel Cruz called out to Dennis Mitchell Mueller before shooting him several times last year in Rancho Santa Margarita, according to a district attorney investigator who ruled the non-fatal incident completely justified.

It was a bad tradeoff for Mueller, who was unarmed, and had only been guilty of speeding through Rancho Santa Margarita—albeit at speeds of more than 100 mph. 

The situation was spelled out by Orange County District Attorney Tony Rackauckus, who sent a letter to Sheriff Sandra Hutchens on Monday that cleared Cruz in the March 10, 2012, shooting on Meadow Park Lane.

It was the first officer-involved shooting in city history. Mueller was 20 at the time.

The investigation and letter was written by John F. Christl, senior deputy district attorney in the special prosecutions unit.

The investigation concluded Cruz, a motorcycle officer, acted in "reasonable and justifiable self-defense" as the fast-moving situation unfolded and he had few options besides opening fire to remove the perceived imminent threat Mueller posed. 

Although Mueller was unarmed, he had fled Cruz at speeds more than 100 mph on Santa Margarita Parkway, ran two red lights into oncoming traffic "and already demonstrated an extreme lack of regard for human safety," Christl said.

When the deputy encountered Mueller in front of his home on the Meadow Park Lane cul-de-sac in Robinson Ranch, he had to make split-second decisions that led to the shooting, Christl said.

According to the report, Cruz had dealt with Mueller's neighbors several weeks earlier, who complained about the noise from Mueller's Suzuki, which Cruz remembered was similar he tried to pull over. 

Cruz went to the residence and was there when the younger man arrived, Christl said. The decisive standoff began with the men about 25 feet from each other.

Mueller was wearing a large black jacket capable of concealing a deadly weapon, authorities said. 

According to the report, Cruz took cover behind his motorcycle and drew his weapon. Mueller refused to comply with Cruz's instructions and began walking away from the officer before turning around and reaching for the inside of his jacket.  

"When Mueller exited his motorcycle, he looked directly at Deputy Cruz and placed his left hand on the outside of the jacket while placing his right hand inside of the jacket pocket," Christl said.

Mueller took two to three steps toward Cruz, who called out, "Dude, don't do it, stop, don't do it!" 

Carrying a .40 caliber Glock semiautomatic, Cruz fired two shots at Mueller, who continued to advance on the deputy to within 15 feet.

Cruz yelled again, "Don't do it, stop!"

Cruz fired three more shots, which dropped Mueller to the ground.

The D.A. determined Cruz had few options other than deadly force: Calling for help or turning his back and running were not viable choices, Christl determined.

"We find that it was not excessive for Deputy Cruz to fire five rounds at Mueller," Christl said. "If he hit Mueller only once, it could take several minutes for the injuries to stop Mueller, giving Mueller more time to attack. ... Deputy Cruz also did not have much time to react due to the advancement of Mueller. After the first two shots were fired and Mueller continued to advance toward Deputy Cruz, it was not unreasonable to fire three more rounds to ward off imminent danger."

Mueller was admitted to Mission Hospital with three gunshot wounds to his abdomen and two to his left arm. His condition was described as critical but not life threatening at the time. According to Christl, Mueller had his spleen removed and underwent diaphragm repair; his left arm sustained fractures.

A toxicology report of Mueller's blood found no traces of drugs or alcohol, but a urine screen showed a positive indicator for opiates.

Mueller, who had no fewer than a dozen run-ins with the law dating back to his early teen years, was charged with one felony count of evading a police officer and a misdemeanor account of delaying/resisting a police officer. He pleaded guilty to the felony charge on Oct. 26, 2012, and was sentenced to three years of formal probation and 180 days in county jail.