SOUTH CHARLESTON, W.Va., Sept. 25, 2008

Law And Odor: Gassy Suspect Gets Extra Rap

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

  • In addition to being charged with driving under the influence, Jose Cruz earned a battery charge after he passed gas and allegedly fanned the odorous air toward a police officer.

    In addition to being charged with driving under the influence, Jose Cruz earned a battery charge after he passed gas and allegedly fanned the odorous air toward a police officer.  (South Charleston Police Department)

  • Section Strange News

    Weird events, odd people and more peculiar happenings.

(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.

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by libluv2cnsor September 26, 2008 9:39 PM EDT
Cruz admits passing gas, but said it wasn''t aimed at the officer. He also denies being drunk and uncooperative.

**********

let me think..this guy was drunk driving..reckless driving..and i am suppose to believe him?
Reply to this comment
by libluv2cnsor September 26, 2008 9:37 PM EDT
martial law here in the USA.


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


************

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.
Reply to this comment
by libluv2cnsor September 26, 2008 6:47 PM EDT
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


*********************

can i *** at you?
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by downsteamjim September 25, 2008 9:17 PM EDT
To notmudrose: You would probably considered it an air freshener.
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by downsteamjim September 25, 2008 9:16 PM EDT
Where is Al Gore? This man is deliberately releasing greenhouse gases. He should at least pay a carbon tax.
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by xxunknown September 25, 2008 7:13 PM EDT
martial law here in the USA.
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by notmudrose September 25, 2008 4:29 PM EDT
too bad the kid didn''t sh it in the cop''s face.
Reply to this comment
by legacyabq September 25, 2008 4:25 PM EDT
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!
Reply to this comment
by smurfcrusher September 25, 2008 3:41 PM EDT
Or prescribing tourniquets for headaches !
Reply to this comment
by smurfcrusher September 25, 2008 3:33 PM EDT
"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.
Reply to this comment
by omded September 25, 2008 3:32 PM EDT
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!
Reply to this comment
by smurfcrusher September 25, 2008 3:28 PM EDT
Did he shake his leg, afterwards?
Reply to this comment
by smurfcrusher September 25, 2008 3:27 PM EDT
He was clearly under a lot of pressure!
Reply to this comment
by pirmin3 September 25, 2008 3:19 PM EDT
Probably had wolfed down a carnitas/bean burrito to create that baby. Whooo Weee
Reply to this comment
by mswolfestock September 25, 2008 2:34 PM EDT
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.
Reply to this comment
by jetlizhan September 25, 2008 2:24 PM EDT
something about this story just stinks!!!!!!!!!!!
Reply to this comment
by mytoosense September 25, 2008 2:07 PM EDT
I think this is a brilliant form of protest, I plan on using it in the future.

Perhaps during my next visit to Washington.
Reply to this comment
by mytoosense September 25, 2008 2:04 PM EDT
I think this is a brilliant form of protest, I plan on using it in the future.
Reply to this comment
by hypnotoad72 September 25, 2008 1:56 PM EDT
Very disrespectful of the twerp to do that.
Reply to this comment
by observer2020 September 25, 2008 1:46 PM EDT
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!
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