A West Virginia man who police say passed gas and fanned it toward a patrolman has been charged with battery on a police officer.
Police say 34-year-old Jose A. Cruz was pulled over for driving without headlights. According to the criminal complaint, Cruz smelled of alcohol, had slurred speech and failed three field sobriety tests before he was handcuffed and taken to a police station for a breathalyzer test.
But as Patrolman T.E. Parsons prepared the machine, Cruz scooted his chair toward Parsons, lifted his leg and "passed gas loudly."
Then, according to complaint, Cruz fanned the gas toward the officer: "The gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons," the complaint reads.
He was also charged with driving under the influence, driving without headlights and two counts of obstruction.
Cruz acknowledged passing gas, but says he didn't move his chair toward the officer nor aim gas at the patrolman. He said he had an upset stomach at the time, but police denied his request to go to the bathroom when he first arrived at the station.
"I couldn't hold it no more," he says.
Cruz said the officers thought it was funny when it happened and laughed about it with him.
"This is ridiculous. I could be facing time."
The Kanawha County prosecutor's office has requested that the charge be dropped against 34-year-old Jose Cruz, and Magistrate Jack Pauley signed a motion to dismiss the charge late Thursday.