On December 26, 2002, a Citizen's Complaint pursuant to Penal Code §832.5 was filed by Otto Laverne Smalley, 37, of Redding against Redding Police Department Officers: BARNER, #107; ZALESNY, #156; FREDERICK, #134; and, Cpl. #326. 

Smalley charged the officers with beating him, alleging "the above listed California Peace Officers, did with deliberate indifference and reckless disregard, act, or fail to act, in such a manner as to violate the statutory and constitutional rights of the complainant, particularly the right to be free from abusive, arbitrary, illegal, and excessively violent treatment, when they entered complainant's residence without probable cause or a warrant, and when they used excessive force that was the proximate cause of complainant's physical injuries that included, but are not limited to: broken orbital socket bone, damaged right eyeball, two black eyes, numerous contusions on face, neck, arms and stomach, and damage to his psyche." 

The Complaint arose from a situation that occurred on December 5, 2002, at or near his Olive Street apartment, and has been assigned Redding Police Department ("RPD") Case Number 02-72639. 

Smalley charges, and the police reports verify that at approximately 2145 hours, police responded to Smalley's residence after one Susan G. had gone to the Shasta County Jail Lobby on West Street in Redding, and reported she had witnessed an assault by Smalley against Desiree H. All four of the people involved, Smalley, Susan G., Desiree H., and Desiree's father Gary H., lived together at the Olive Street apartment. Smalley and Desiree are boy friend--girl friend. 

The alleged victims' and witnesses' statements contained in the police reports are conflicting and appear to become embellished as the interrogators push the witnesses by suggestion, particularly when compared to their later statements. As the officers continued to question, the stories change, but essentially, Susan alleges Smalley was fighting with Desiree. Desiree claims nothing happened, but after being pressured by police, the report claims she stated Smalley was fighting with Susan. Desiree maintained that Smalley never hit her. 

Both Desiree and Gary have made statements, outside the police report, that Susan attacked Smalley, that Smalley only defended himself, that the police officers attempted to put words in their mouths, and then attributed statements to them in the reports that they (Desiree and Gary) did not make. 

When police arrived at the Olive Street address, according to their report, the officers observed Smalley asleep on the floor by looking through the front window. When Desiree and Gary answered the door, officers informed them they were investigating an alleged assault and wanted to speak to Smalley. The officers then entered the residence uninvited, and Officer Barner woke Smalley while attempting to place a "control hold" on him. Smalley moved to the couch and attempted to put on his tennis shoes. Barner continued attacking Smalley and Corporal Guterding used "OC" pepper spray.  Barner hit Smalley numerous times with his baton.  Officer Zalesny then attempted a "carotid restraint." (Also known as a "choke" or "Sleeper" hold.) All of this panicked Smalley. Cpl. Guterding then tasered Smalley, and the officers placed him in mechanical restraints, known as a "hobble" restraint (Hog Tying), while he was incapacitated from the Taser. 

In the complaint, Smalley states that this entry into the residence, where there was no visible assault or emergency taking place, was without probable cause considering they had not investigated and they lacked a warrant. That their setting upon a sleeping man with force was questionable. 

In later statements, both Desiree and Gary have said they believe the officers used excessive force and had no legitimate reason to enter the premises. The officers did not investigate or interview Desiree or Gary until after their attack on Smalley, which was made before attempting to verify the allegations of Susan, and therefore was without probable cause. 

The most egregious actions by officers allegedly occurred when Officers Barner and Zalesny angrily carrying the hog tied Smalley to their patrol car, deliberately smashed his head into the metal car door jam, thus breaking his right orbital socket ("cheek bone") and severely damaging his right eyeball causing internal hemorrhaging. 

Smalley was then taken to Redding Medical Center, where a Dr. Hicks cleared him for jail booking after a superficial examination, that failed to locate his broken bone and other injuries. Smalley remains incarcerated facing myriad felony charges that police conjured-up from the December 5^th events.