Flatulent Felony: West Virginia Man Charged with Gaseous Battery on Officer

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.

13 thoughts on “Flatulent Felony: West Virginia Man Charged with Gaseous Battery on Officer”

  1. 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.

  2. 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.

  3. Perhaps the West Virginia Court will dismiss the case under the “whoever smelt it, dealt it” defense.

  4. And the DA who approved the charges should be subjected to 1,000 “Dutch Ovens”.


    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.

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