Man charged after allegedly passing gas toward cop

September 25th, 2008

SOUTH CHARLESTON, W.Va. – A West Virginia man who police said passed gas and fanned it toward a patrolman has been charged with battery on a police officer.

Jose A. Cruz, 34, of Clarksburg, was pulled over early Tuesday for driving without headlights, police said. 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.

As Patrolman T.E. Parsons prepared the machine, Cruz scooted his chair toward Parsons, lifted his leg and “passed gas loudly,” the complaint said.

Cruz, according to complaint, then 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 alleged.

He was also charged with driving under the influence, driving without headlights and two counts of obstruction.

Cruz acknowledged passing gas, but said 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 said.

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