Law And Odor: Gassy Suspect Gets Extra Rap

Alleged Drunk Driver In W.Va. Denies Fanning Flatulence At Patrolman; Charged With Battery

(CBS/ AP)  A West Virginia man has been charged with battery on a police officer for allegedly passing gas toward a patrolman.

Thirty-four-year-old Jose Cruz of Clarksburg is also charged with driving under the influence, driving without headlights and two counts of obstruction.

On Thursday, the Kanawha County Magistrate Court dropped the obstruction and battery charges against Cruz.

Cruz was pulled over by South Charleston police Tuesday for driving without headlights. After failing field sobriety tests, Cruz was taken to the station for a breathalyzer test.

The criminal complaint says that as a patrolman was preparing the machine, Cruz scooted his chair over, lifted his leg, passed gas "loudly" and fanned it toward the officer.

The complaint also says Cruz's gas was "very odorous."

Cruz was also allegedly very uncooperative during the entire arrest process.

Cruz admits passing gas, but said it wasn't aimed at the officer. He also denies being drunk and uncooperative.

[musethalia]

you gotta be joking South Charleston PD...speaking of battery, prepare yourselves for a slew of it by the public for such a ridiculous charge...

I can just see the judge pounding his gavel saying ''odor in the court'' as a joke. lol

[mswolfestock]

Those cops are a bunch of wussies -

the air in South Charleston smells like f*a*r*t*s anyway -

LMAO!!!

[hologram5]

So, if it is considered battery to *** next to one of these crybabies then we should be pressing charges against all the industrial corps that ruin the air quality on a daily basis.

[nincomp]

A while ago there was a news of a motorist charged with incorrect traffic signal when he flipped his finger towards an officer

[newsjunky5]

Doesn''t his fanning of the fumes constitute distruction of evidence?

[woophan]

I bet those cops sit down to peeee. What a bunch of wusses. Too funny.

[woophan]

I bet those cops sit down to peeee. What a bunch of wusses. Too funny.

[Marie Zarankevich]

I don''t know about anyone else, but I don''t think they CAN criminalize involuntary bodily functions. Could sneezing become a crime, or burping. Give me a break! For years, everybody''s been holding onto their sanity by a thread. I believe something has broken that thread.

[observer2020]

Doesn''''t his fanning of the fumes constitute distruction of evidence?
Posted by Newsjunky5

Thanks for the laugh!

Next thing they''ll be arresting people for is looking at them "the wrong way." Actually, I think this is just another step towards a total police state in our country, if a cop can charge someone for passing gas. The cops in my town deserve to have gas passed in their direction by every person who lives there. Notice they don''t tell you who the wussy is that got stink-bombed...too embarrassing for the poor guy. Way to go Jose Cruz!

[hypnotoad72]

Very disrespectful of the twerp to do that.

[mytoosense]

I think this is a brilliant form of protest, I plan on using it in the future.

[mytoosense]

I think this is a brilliant form of protest, I plan on using it in the future.

Perhaps during my next visit to Washington.

[jetlizhan]

something about this story just stinks!!!!!!!!!!!

[mswolfestock]

Well it''s a good thing that nobody flicked their Bic at the wrong moment . .. . . ..

But then they would have charged poor Jose with arson -

HAHAHAHAHAHAH!!!!!!!

Too bad we can''t put all of our f*a*r*t*s in a tank and send it to Bushit. We''ll let him know how we really feel.

[pirmin3]

Probably had wolfed down a carnitas/bean burrito to create that baby. Whooo Weee

[smurfcrusher]

He was clearly under a lot of pressure!

[smurfcrusher]

Did he shake his leg, afterwards?

[omded]

I agree about the freedom of expression. After all, the Cop''s getting paid, so getting farted at is just part of the job. If Jose was driving under the influence, let the D.A. prove it to a jury, and then they can give him an appropriate sentence for the real crime. It sounds to me like the police are trying to write a new law!

It''s too bad nothing more than a little gas came out!

[smurfcrusher]

"Thirty-four-year-old Jose Cruz of Clarksburg is also charged with driving under the influence, driving without headlights and two counts of obstruction. "

One count of obstruction, was obviously dropped.

[smurfcrusher]

Or prescribing tourniquets for headaches !

[legacyabq]

Wow.
Yeah, it sucks.. the suspect was acting gross and disrespectful.
But assault charges??
Poor cop.. Guess it was better than beating the *** out of the guy, which is what would have happened around here!

[notmudrose]

too bad the kid didn''t sh it in the cop''s face.

[xxunknown]

martial law here in the USA.

[downsteamjim]

Where is Al Gore? This man is deliberately releasing greenhouse gases. He should at least pay a carbon tax.

[downsteamjim]

To notmudrose: You would probably considered it an air freshener.

[libluv2cnsor]

Pretty soon Police will start Beheading people for smiling!


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Posted by Good4Always at 12:39 PM : Sep 25, 2008
+ report abuse


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can i *** at you?

[libluv2cnsor]

martial law here in the USA.


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Posted by xxunknown at 04:13 PM : Sep 25, 2008
+ report abuse


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honestly..if i f art and fanned it towards you I bet you would not only go ''martial law'' on me but i bet you would get medival.

[libluv2cnsor]

Cruz admits passing gas, but said it wasn''t aimed at the officer. He also denies being drunk and uncooperative.

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let me think..this guy was drunk driving..reckless driving..and i am suppose to believe him?