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.
From what I understand at the time of arrest, Mr Cruz was suffering from a severe case of “Taco Shock Syndrome”.
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We can’t hold him accountable.
That policeman better stay away from any pizza place in the city of Chicago.
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.
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.
Dang, my whole fire dept crew should be locked up for life.
For who?
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Its the cop who’s blowing the hot air now.
six months sentance in a PIG PEN
I agree with the other comments.
This case stinks.
Perhaps the West Virginia Court will dismiss the case under the “whoever smelt it, dealt it” defense.
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.
That is just a ridiculous charge. What a waste of the system’s time in dealing with an obvious joke of an allegation.
The officer should be charged for douchebaggery on duty