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Accused of passing gas, man charged with battery
SOUTH CHARLESTON, W.Va. (AP) — 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.
He also denied being drunk and uncooperative as the police complaint alleged. He added he was upset at being prepared for a breathalyzer test while having an asthma attack. The police statement said he later resisted being secured for a trip to a hospital that he requested for asthma treatment.
Cruz said the officers thought the gas incident was funny when it happened and laughed about it with him.
"This is ridiculous," he said. "I could be facing time."
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.
He also denied being drunk and uncooperative as the police complaint alleged. He added he was upset at being prepared for a breathalyzer test while having an asthma attack. The police statement said he later resisted being secured for a trip to a hospital that he requested for asthma treatment.
Cruz said the officers thought the gas incident was funny when it happened and laughed about it with him.
"This is ridiculous," he said. "I could be facing time."
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Out-of-towner wrote on Sep 25, 2008 7:38 AM:
" Finally, a renewable resource (methane) that could end the energy crisis. Bring on that plate of burritos, Jose... "
formerwaterlooian wrote on Sep 25, 2008 7:58 AM:
" This a joke right? They are really going to charge him with battery. What a country... "
john14541 wrote on Sep 25, 2008 8:24 AM:
" Researchers should determine if the alledged gas in question was passed sideways, vertically, horizontally, perpendicularly, laterally, or straight forward. "
Reader54 wrote on Sep 25, 2008 8:34 AM:
" There was just a news flash that Al Gore is heading to South Charleston.... there is a concern about global warming! "
MAC wrote on Sep 25, 2008 8:41 AM:
" I'd be surprised if this case goes past charges. The guy just ticked off the police officer. "
Newswatcher wrote on Sep 25, 2008 8:45 AM:
" This is one of the funniest things I've read in a long long time.
I hope Sat Nite Live does a skit on it or at least mentions it in the Weekend Update.
Good Grief, what a hoot! I'd say it was 'refreshing' to read such a funny story but the word 'refreshing' just doesn't seem appropriate!
LOL! "
I hope Sat Nite Live does a skit on it or at least mentions it in the Weekend Update.
Good Grief, what a hoot! I'd say it was 'refreshing' to read such a funny story but the word 'refreshing' just doesn't seem appropriate!
LOL! "
think wrote on Sep 25, 2008 9:18 AM:
" I thought they were short of gas out that way. Sounds like one to just blow off. Good thing the drug dog was not in the area. He been facing murder one. "
purplecat wrote on Sep 25, 2008 9:31 AM:
" wow, if this is really an offense that could result in jail time, I know a LOT of people who should be behind bars right now. "
Panther88 wrote on Sep 25, 2008 9:47 AM:
" As I sit here shaking my head wondering what this world has come too, I realize that there is a storm a brewin inside my belly. That officer definitely needs a new job... maybe something like Democratic Political Advisor "
cf1981 wrote on Sep 25, 2008 11:53 AM:
" I for one applaud the police officer. Throw the book at that bum! "
jjmom9497 wrote on Sep 25, 2008 12:28 PM:
" Well...You can't hold it in...if he had, if would of went up his spine into his brain and given him a crappy idea....
more serious note:
what a waste of time, money and energy, the man was drunk, give him is OWI and get over it Mr. Officer, so he passed gas and fanned it, not his fault you smelled it.... "
more serious note:
what a waste of time, money and energy, the man was drunk, give him is OWI and get over it Mr. Officer, so he passed gas and fanned it, not his fault you smelled it.... "
mikal50707 wrote on Sep 25, 2008 12:50 PM:
" And we wonder why our prison are so crowded. This is like the lady facing theft charges for spilling a pop. "
OFJohn wrote on Sep 25, 2008 1:52 PM:
" Anyone know a good lawyer?
My wife just had me arrested on multiple counts. "
My wife just had me arrested on multiple counts. "
plaxibo wrote on Sep 25, 2008 2:40 PM:
" Wonder what you would get charged with if you let one go in a elevator. lol "
Panther88 wrote on Sep 25, 2008 3:33 PM:
" They should of called the Bomb Squad
Charge him with carrying a concealed weapon
I guess thats what they call a "Personal Weapon of Mass Destruction" *PWMD* "
Charge him with carrying a concealed weapon
I guess thats what they call a "Personal Weapon of Mass Destruction" *PWMD* "
mytigger wrote on Sep 25, 2008 5:05 PM:
" How pathetic!!! Apparantly this officer has nothing better to do. My god, the guy farted. WHO CARES!! Don't we all pass gas and some of us have a hard time holding it in! No wonder there is no money, its all bein spent on stupid crap like this!! "
the_bat wrote on Sep 25, 2008 10:37 PM:
" Now that the legislature has banned public smoking, maybe they could do something about passing gas in public.
But, of course, that would put a lot of them on the wrong side of the law, too, wouldn't it?
^o^
—One of the great things about smoking is it can cover up some of those other smells. "
But, of course, that would put a lot of them on the wrong side of the law, too, wouldn't it?
^o^
—One of the great things about smoking is it can cover up some of those other smells. "
boxergirl wrote on Sep 25, 2008 10:56 PM:
" OMG! My husband, son and dog would be serving life in prison if this was really a crime! Good grief give that guy and BEANO and move on officer! "
momwhocares wrote on Sep 26, 2008 3:53 AM:
" I feel sorry for the police officer, can you imagine the shame he will carry with him until this goes away..(or until the smell blows over)? I am surprised they released the officers name. My husband should get life in prison if farting is a crime!! "
miss bea wrote on Sep 26, 2008 5:35 PM:
" Smoking is a crime,more than one beer ,your over the limit,now farting is a crime too!What next BREATHING . "
Nfury8 wrote on Sep 26, 2008 5:55 PM:
" Well this story truly STINKS!
Have another beer Jose and take one for the road also! "
Have another beer Jose and take one for the road also! "
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arnold wrote on Sep 25, 2008 6:49 AM: