SANTA ANA – A Rancho Santa Margarita motorcyclist who prosecutors accused of evading police while driving recklessly filed a claim against the county Tuesday, saying a sheriff’s deputy who shot him five times fabricated a scenario to avoid liability.

Dennis Mitchell Mueller, 20, said further in the claim that other Orange County Sheriff’s Department deputies and non-sworn personnel later “conducted an inadequate investigation and attempted to cover up the truth.”

Mueller was wounded March 10 by Deputy Manuel Cruz outside Mueller’s home after he ignored the deputy’s commands and reached toward his waistband, authorities said.

Cruz attempted to pull over Mueller, who he saw speeding on his motorcycle, authorities said, but Mueller fled. The deputy recognized Mueller from previous contact and sought him at his home on Meadow Park Lane near Robinson Ranch Road, where the shooting occurred, officials said.

Mueller has pleaded not guilty to charges that he drove at 100 mph and ran red lights to evade the deputy.

Prosecutors have charged him 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 three years in state prison.

The narrative of his claim against the county, filed by Mueller’s attorney Joel Baruch, says Mueller was not armed, did not resist or pose any physical threat to the deputy, was located a “considerable distance” from Cruz and did not make any “furtive gestures.”

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

The deputy did not follow the Sheriff’s Department policies, including the use of excessive force and arrest procedures, the claim says.

“This was really a bad shooting,” Baruch said. “It was basically an attempted execution and if the roles were reversed and the police officer was the victim of five gunshots and he was unarmed, you can bet they’d be seeking a life sentence in prison.”

The county’s executive office typically does not comment on claims, and the county counsel’s office did not return a telephone call. A Sheriff’s Department spokesman could not immediately comment.

Mueller “was immature at times” and picked up speeding and several other driving citations, “but he’s not a criminal and the cops knew that,” Baruch said.

Baruch said his client was caught unaware when he arrived home in the afternoon and Cruz approached him.

Cruz “came out of nowhere with his gun out” and within 15 seconds Mueller was shot several times, the attorney said.

Mueller was hit five times, twice in the left arm and three times in the abdomen, said Baruch, adding the blue-collar worker may have lost the use of his left hand for life. Mueller seeks damages in excess of $25,000.

As is customary, the Orange County District Attorney’s Office is investigating the officer-involved shooting.

Mueller is being held in Orange County jail on a no-bail probation-violation hold. At the time of the incident, he was on a three-year probation after serving 30 days in jail stemming from a felony conviction for receiving stolen property, his attorney said.

Contact the writer: 714-834-3773 or vjolly@ocregister.com