Man arrested after shooting incident in Waco pleads not guilty

YORK – Brian Mulder, 60, who is listed as being homeless in York County District Court documents, pleaded not guilty Monday morning to three charges, as he was arrested after a shooting incident in Waco.

While he was the person who was shot during the incident, the York County Sheriff’s Department said the person shooting Mulder did so in self-defense and Mulder is facing two felony charges and one misdemeanor.

He has been formally charged with use of a deadly weapon to commit a felony, a Class 2 felony; second degree assault, a Class 2A felony; and assault causing bodily injury, a Class 1 misdemeanor.

The affidavit filed with the court says the York County Sheriff’s Department was dispatched to Waco on the report of a shooting at 103 Norval Street and the shooting victim (Brian Mulder) was located at 606 Chapin Street.

The sergeant filing the affidavit said he located Brian Mulder who was sitting on the ground next to a SUV. He was “bleeding from the arm and appeared to have a gunshot wound on his right forearm.” The sergeant applied a tourniquet to his arm in an effort to stop the bleeding.

The court document says Brian Mulder told the sergeant “he was shot by his brother, Robert. He said his brother had told him to get out and then he slapped his brother.”

He said then he was shot.

Brian Mulder was transported to York General Hospital.

Deputies with the York County Sheriff’s Department made contact with Mulder’s brother who said Brian Mulder had been staying in a camper on the east side of his property. He said Brian Mulder had “started to get really abusive over the past two days, threatening to “kick the s**t out of him and screaming. He said he told Brian Mulder to leave and after running some errands came home to find Brian Mulder on his couch.”

The brother said a verbal altercation began.

Then the brother said Brian Mulder came at him with a club in his hand, allegedly hitting him upside the head. He told deputies “his head hurts like hell” and deputies observed “an abrasion and redness alongside the brother’s ear, side of his head and neck area. He later described getting hit once in the head and once in the back.”

According to the deputy’s affidavit, the brother stated “he was struck twice at which point he fell down the porch. He said he wasn’t sure if he was hit with the club again or if he was kicked at which time he got his gun and shot Brian Mulder.”

The sheriff’s department says two different 911 calls were made in regard to this case. The first call came from Robert Mulder (the brother) who said Brian Mulder took a club “and laid him upside the head and knocked him down. He said he was hit twice with the club, so he shot his brother. He said he thought Brian Mulder was hit in the hand and then jumped in his car and left towards downtown Waco. He said he had told his brother, Brian Mulder, to leave because he was being abusive.”

Deputies provided a review of Brian Mulder’s criminal history “which shows he is a convicted felon in the State of Nebraska with convictions for burglary, criminal mischief, possession of a controlled substance, theft by shoplifting and failure to appear/comply.”

The York County Public Defender’s office has been appointed to represent Brian Mulder in this matter.

On Monday, upon his not guilty plea, a jury trial was scheduled for mid-summer.

Initially, Mulder’s bond was set at $75,000, 10% with a condition he could not have contact with his brother or come within five blocks of 103 Norval Street in Waco. On Monday, the bond was modified to $10,000, 10% with all the conditions remaining.


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