SOUTH CHARLESTON, W.Va. - A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge.
The Kanawha County prosecutor's office requested that the charge be dropped against 34-year-old Jose Cruz.
Cruz, of Clarksburg, W. Va., was pulled over early Tuesday for driving without headlights, police said. According to the criminal complaint, Cruz smelled of alcohol, had slurred speech and failed three field sobriety tests before he was handcuffed and taken to a police station.
According to a criminal complaint, Cruz passed gas and made a fanning motion toward patrolman T.E. Parsons after being taken for a breathalyzer test.
"The gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons," the complaint alleged.
Cruz acknowledged passing gas, but said he didn't move his chair toward the officer nor aim gas at the patrolman. He said he had an upset stomach at the time, but police denied his request to go to the bathroom when he first arrived at the station.
"I couldn't hold it no more," he said.
He also denied being drunk and uncooperative as the police complaint alleged. He added he was upset at being prepared for a breathalyzer test while having an asthma attack. The police statement said he later resisted being secured for a trip to a hospital that he requested for asthma treatment.
Cruz said the officers thought the gas incident was funny when it happened and laughed about it with him.
Cruz, who was arrested Tuesday, still faces two charges: driving under the influence and driving without headlights, and two counts of obstruction.
These beautiful pieces of pottery have been created by a co-Voxer. Can you guess who? If you guess I will privately e-mail you her Etsy shop info and you too might own a beautiful, reasonably priced piece of this art pottery. Many of you already do because I have seen you post about it. Christmas is coming but her shop is sold out right now. That means it is in high demand. Kevin and I were both secretly going to buy each other a piece but I caught him and we just bought everything she had left. You can't buy a more personal, well crafted gift. You also get her spirit and her good Karma to boot! My pictures don't do it justice. We have a vast collection of pottery and these are some of our favorite pieces. It means more when you know who made it. They are all so different from each other. I hope you enjoy it.
Rock on Dark Metal Princess.
Here is our niece and our niece junior,lol. They are both pretty cute. I hope Lauren teaches Brielle how to cook Yankee food. We need to keep a Yankee influence down here. Sometimes you just need good Italian food. I can't even tell you how big Brielle's dimples are. When she really lets go you could hide a blimp in her dimples.
Here is Brielle with daddy Bill. Judging from her smile she is totally daddy's little girl.
Here's silly Landen. He has grown so fast we can't hardly believe it. He'll be a linebacker for sure. Thanks Grandma Cheryl for these pictures. Cheryl and I are the same age so I guess I am old enough to be a grampa. I'll settle for being Uncle Myke. These are our Grandniece and Grandnephew. Christmas is much more fun with a few wee ones.
We are currently undefeated and will play Auburn Saturday on ESPN next week.
We didn't even play this week but other undefeated teams did and lost so we are number one by default,lol.
But who cares. WE'RE NUMBER ONE! WE'RE NUMBER ONE!
Look at the baby face. She loves Kevin more than anything. Did the Zodiac Killer visit Antarctica?
So we put a sheet on the sofa and get over ourselves. Look how comfy they are. Tater has to be lifted up when we are home yet when we aren't she seems to be able to drag herself up quite nicely. Millie sleeps against her belly sometimes.
He was a good guy. I peed next to him at the play "As Is" on Broadway. He lived in Connecticut and I would see him in Westport once in awhile. I like Newman's Own dressing on flat spinach noodles as a cold pasta salad. Who could forget Cool Hands Luke or Cat on a Hot Tin Roof. What a wonderful guy and a great loss for the humanitarian community.
