A retired Hall of Fame coach cleared of charges that he hit an autistic boy at the Richland Library is taking rare action against his accuser.

And a judge agreed Thursday that there's probable cause to support a criminal charge.

Frank Teverbaugh, 76, said the boy's caregiver, Heide Schultz, lied when she told Richland police that Teverbaugh hit the 7-year-old boy in the face and swore at him.

Teverbaugh filed a citizen complaint in Benton County District Court, asking Judge Joe Burrowes to find cause to charge Schultz with malicious prosecution or false reporting. He's also seeking $2,500 restitution to cover his attorney's fees.

"If Ms. Schultz isn't charged with false swearing or malicious prosecution, then let's get rid of those charges," his attorney, John Jensen, said in court Thursday. "She ran his reputation through the mud. If you don't charge her, nobody's ever going to be charged with these crimes."

Teverbaugh also filed a $150,000 claim against the city of Richland. Details about the claim were not immediately released Thursday, but city officials confirmed they received it Jan. 12 and forwarded it to the Washington Cities Insurance Authority to review.

A citizen complaint can be filed in District Court by anyone who wants to start a criminal case against another person for a misdemeanor or gross misdemeanor offense. A judge then has to find probable cause to support the charge, and the citizen can file the complaint.

Typically, city or county prosecutors are the ones who decide to file charges in a criminal case, but the citizen complaint is a process that can be used if they decline to prosecute.

It's not clear if a citizen complaint ever has been filed in Benton County courts, but Judge Burrowes said Teverbaugh's case is the first that he or his colleagues are aware of in the Tri-Cities.

Jensen said his client moved forward with the citizen complaint after the Richland city prosecutor declined to charge Schultz with false reporting. Jensen also submitted the case to the Benton County Prosecutor's Office, but was told it was a city case and should be handled by the city prosecutor, he said.

Teverbaugh had been charged by the Richland city prosecutor with misdemeanor assault after the incident at the library last summer. The charge was dismissed in November after videos from the library supported Teverbaugh's version of what happened.

On Aug. 14, Schultz was at the library with Matthew Tolick, his mother, Dana, and his two siblings. Matthew started acting up, so Schultz led him outside and told police that as they walked by Teverbaugh he said, "Oh, shut up you little f------ baby," then hit him in the face.

Matthew then hit Teverbaugh, and she claimed Teverbaugh hit him a second time on his back.

Teverbaugh denied all along swearing at the boy or hitting him the face. He called the accusation "completely bogus."

He said he saw Schultz struggling to drag Matthew out of the library and watched as the boy broke free and had to be chased down.

As Teverbaugh continued walking into the library to get a video to watch with his wife, he said he watched Schultz trying to get Matthew out of the library.

Teverbaugh told police Matthew hit him as he walked by and, on impulse, he reached back and tried to swat Matthew's bottom.

After a story about the charge appeared in the Herald, an independent witness came forward and corroborated Teverbaugh's story, Jensen said.

"This man spent his life trying to make a good reputation for himself and his wife, and he had these statements on the front page of the Tri-City Herald," Jensen said. "His reputation was drug through the mud."

Matthew's mother also claimed Teverbaugh back-handed her son and gave him a bloody nose, but her comments weren't made in a sworn statement to police, they were reported in the newspaper, Jensen said.

Judge Burrowes said the situation was unfortunate for everyone involved, but did find probable cause for the false reporting charge, which is a gross misdemeanor.

"It does have merit for it to proceed," Burrowes said, but then added he was unclear as to what the next step was.

Burrowes said he thought it was appropriate to send it to the Benton County prosecutor since he's found probable cause for a charge based on a state law, not a city code, but he noted that he can't bind anyone to prosecute the case.

"All I can say is there is enough probable cause to forward it to the appropriate prosecutor," he said. "... Procedurally, you're on new ground with me and new ground with my colleagues."

Jensen said he intended to have Teverbaugh sign the complaint and then would take it to the prosecutor.

Prosecutor Andy Miller, who was not in court for the hearing, later told the Herald that he didn't understand how the case can end up in his office since it is a city of Richland case.