The story stood until he filed a workers' compensation claim for the injury that left him paralyzed from the waist down and could have led to a nearly $2.5 million payment.
Court records showed the altercation actually started at a swingers club, where Smiley and his wife were engaging in sex with strangers.
Now Smiley, 44, and his wife, Cynthia Ann Biasi-Smiley, face five felony counts alleging they conspired to commit fraud. The couple are due in Sacramento County Superior Court on Wednesday for arraignment.
The couple did not return a phone message left Monday at their home by The Sacramento Bee. They could not be immediately reached Tuesday by The Associated Press.
Smiley initially told colleagues a former inmate had recognized him and opened fire on April 27, 2008 outside a restaurant, the newspaper reported.