Posted Sept. 25, 2008 – If you've gotta let one go, you best not do it in front a cop, or you could be charged with battery on a police officer. That's what happened to a West Virginia man who passed gas and then fanned it toward an officer.
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Jose A. Cruz was stopped by an officer on Tuesday morning because he didn't have on his headlights. Police said when they pulled him over, his speech was slurred; he smelled of alcohol; and he failed three field sobriety tests.
The 34-year-old Clarksburg man was cuffed and taken to a police station for a breathalyzer. And that's when things got a little smelly.
While the officer was preparing the machine, Cruz scooted his chair toward him, lifted his leg and let one rip. Then he fanned the gas toward the officer, according to the criminal complaint.
Cruz said his stomach was messed up, and he couldn’t hold it anymore . He said that after arriving at the police station, he asked if he could go to the bathroom but was denied. As far as fanning it toward the officer, he said he didn’t do that In fact, Cruz said when he passed gas, the officers thought it was funny and were laughing with him.
The Kanawha County prosecutor's office requested that the charge be dropped against Cruz, and it was dismissed.
Cruz still faces driving under the influence and other charges, but insists that he wasn't drunk, as the police complaint alleged. He said that he was upset at having to take a breahalyzer 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.
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