The prosecutors of Kanawha County have asked to drop charged filed against 34-year-old Jose Cruz who was accused of committing assault on an officer by expelling gas near him. He still faces DUI charges, however.
The remaining question is whether the police department in Kanawha County will take any actions against the officer who abused his authority with this charge. It is no small infraction when an officer treats the criminal code as his own vehicle for reenforcing good manners and personal hygiene. The officer may think that this is a good laugh at the water cooler, but charging someone with assault and battery on an officer is a very serious offense.
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