Police claim a West Virginia man passed gas and fanned it toward a patrol officer, now charged with battery on a police officer. Battery on a police officer is serious, legal charges that can result in jail or prison time.
Jose A. Cruz, 34, of Clarksburg, West Virginia was pulled over early Tuesday. Cruz had no headlights on, leading to his arrest for driving under the influence (DUI) or Driving While Intoxicated (DWI). Police officers state, in criminal report, the standard three: that the driver smelled of alcohol, that the driver had slurred speech, and that the driver failed field sobriety tests.
Apparently police did not believe three field sobriety tests sufficient, since Cruz was handcuffed (usually the sign that things are not going well, typically signaling arrest) then promptly hauled to the police station where he was administered a Breathalyzer test.
According to police, as Patrolman T.E. Parsons prepared the Breathalyzer machine, [defendant] Cruz scooted his chair toward Parsons, lifted his leg and “passed gas loudly,” the police complaint said. Cruz followed this up by, further according to police complaint, fanning the gas toward the police officer. Apparently this alleged act did not go over well, with at least one police officer. Seems like such an act might have similar results as swearing at a police officer: swearing at a police officer is not illegal but, then again, may not be the wisest decision to test depending upon your personal situation.
“The [Cruz] gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons,” the police complaint alleged. Cruz was additionally charged with driving under the influence (DUI), driving without headlights and two counts of obstruction. Those two counts of obstruction aren't entirely clear, but apparently the obstruction may be related to Cruz's internal digestion system. Hmmm...the [Cruz] gas was allegedly of "an insulting or provoking nature"; is it illegal to insult or provoke, and do either constituate battery charges? Battery upon a police officer is some serious stuff, that can lead to jail or even prison time.
Cruz says he did it: he acknowledges passing gas. The difference in stories lies in Cruz's claim that he never moved his chair toward the police officer, nor specifically aimed gas at the patrolman. Cruz said he did have an upset stomach at the time which officers were aware of, but that police officer[s] denied his request to go to the bathroom when he [Cruz] arrived at the police station. “I couldn’t hold it no more,” he said.
Additionally, Cruz denies being drunk and uncooperative, as the police complaint alleges. Cruz said he was upset at being prepared for a Breathalyzer test while in the midst of having an asthma attack. In that respect, some upset does seem a bit understandable. The police statement says Cruz later resisted being secured for a trip to a hospital, that he'd requested, for asthma treatment.
Cruz said the [police] officers thought the gas incident was funny when it happened and even laughed about it with him. “This is ridiculous,” he [Cruz] said. “I could be facing time.”