"A West Virginia man who police said passed gas and fanned it toward a patrolman has been charged with battery of a police officer.
Jose A. Cruz, 34, of Clarksburg, was initially 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.
According to police, 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, police say, then hand-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 not aim gas at the patrolman. He said he has an upset stomach at the time, but police denied his request to go to the bathroom."
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