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.]

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