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."