Jose Cruz was being charged with a DUI in South Charleston, West Virginia when he intentionally or negligently expelled gas in the presence of the arresting officer. The result was a charge for battery upon an officer, who noted in the charge form that it was particularly potent.
Putting aside Cruz’s manners, the charge is clearly an abuse of authority by the officer. The question is whether any action will be taken to educate this officer that such rude behavior is not covered under the criminal code and that criminal charges are not there for cathartic expressions of disgust.
[Update: Recently, the charge was dropped but the department is silent on any action against the officer, here.]
For the full story, click here.


The officer should be charged for douchebaggery on duty
That is just a ridiculous charge. What a waste of the system’s time in dealing with an obvious joke of an allegation.
And the DA who approved the charges should be subjected to 1,000 “Dutch Ovens”.
Seriously.
How stupid is this? How can a prosecutor go before a judge WITH A STRAIGHT FACE and try to press this charge? And if I were the judge I’d be furious at having my time wasted.
Perhaps the West Virginia Court will dismiss the case under the “whoever smelt it, dealt it” defense.
I agree with the other comments.
This case stinks.
six months sentance in a PIG PEN
For who?
Its the cop who’s blowing the hot air now.
Dang, my whole fire dept crew should be locked up for life.
I just read at CNN that the battery charge was dropped.
http://www.cnn.com/2008/CRIME/09/25/flatulence.charge.ap/
It’s a good thing. I heard Mr. Taggert and the boys were planning on building a rail line through there from Rock Ridge.
steve
1, September 25, 2008 at 5:20 pm
Dang, my whole fire dept crew should be locked up for life.
Try to keep them off that 5 alarm chili.
That policeman better stay away from any pizza place in the city of Chicago.
From what I understand at the time of arrest, Mr Cruz was suffering from a severe case of “Taco Shock Syndrome”.
We can’t hold him accountable.