Prosecutors Drop Charge Related to "Passing Gas" in DUI Case
Prosecutors Drop Charge Related to "Passing Gas" in DUI Case Save Email Print
Posted: 11:57 PM Sep 25, 2008
 Last Updated: 11:57 PM Sep 25, 2008
 Reporter: Courtney Sisk
Email Address: courtney.sisk@wsaz.com
1239 comments
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UPDATE: Thursday @ 11:04am
Kanawha County Magistrate Court reports that the "battery on an officer" charge against Jose Cruz has been dropped.

Magistrate Jack Pauley says an assistant prosecutor came to the office and requested that charge be dropped.

The DUI charge and and obstruction charges against Cruz still stand.


WEB EXTRA: click on the link above to read the criminal complaint (PDF)

SOUTH CHARLESTON, W.Va. (WSAZ) -- As if getting a DUI wasn’t enough, a man arrested for driving under the influence got in a lot more trouble at the police station.

Police stopped Jose Cruz on Route 60 in South Charleston Monday night for driving with his headlights off.

Then, he failed sobriety tests and was arrested.

When police were trying to get fingerprints, police say Cruz moved closer to the officer and passed gas on him. The investigating officer remarked in the criminal complaint that the odor was very strong.

Cruz is now charged with battery on a police officer, as well as DUI and obstruction.

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Posted by: blackmanincollege on Oct 17, 2008 at 10:26 AM
West Virginia is the white trash capital and it reflects in their police... it is full off racist ignorant white people who think west virgina football is a legitimate program (which it definitely is not) my point will be proven on Nov. 4 when u vote for john mccain and put urself into an even worse economic situation so let your IGNORANCE hold u back, black people have lived in 3rd world conditions since we have been in this country itll be interesting to see how u white devils handle it!!
Posted by: Allan on Oct 9, 2008 at 11:56 AM
The statute needs to be re-written if the complaint is not valid. The statute reads "of an insulting nature" i bet if the cop farted on the judge he would be held in contempt of court.
Posted by: GOP on Oct 9, 2008 at 09:31 AM
This Cruz person is probably a liberal Obama supporter. Only a demoncrat would do something this silly. Sad to see such ignorance in the USA.
Posted by: Nicki on Oct 7, 2008 at 10:37 AM
This for all the ignorant people Jose is not a mexican, Him and his family are a very nice hard working family and they happen to be from Puerto Rico and are US Citizens...Go back to school and learn just because your name may sound mexican doesn't mean it is. And the last time I checked they wasn't and don't recieve welfare they work and pay taxes like the rest of us
Posted by: Anonymous on Oct 6, 2008 at 06:23 PM
only in america u get famous 4 fartin on a cop lol Pull my finger
Posted by: Anonymous on Oct 6, 2008 at 12:52 PM
come on already WSAZ - score an exclusive interview with the Beano Bandit.
Posted by: Anonymous on Oct 4, 2008 at 11:59 PM
oh gas-x..
Posted by: beans on Oct 4, 2008 at 11:05 AM
Beans beans good for your heart...
Posted by: Richard on Oct 4, 2008 at 06:21 AM
To all the ppl.saying call a drunk or crook the next time we need a cop!can you please give us a phone # to call? because every time iv. called them it has done zero good !so please give us them numbers to the ppl. that you say will do us some good because the 1s we are paying just wont come out!from scrap metal theft and drunk carnies. i have gotten no help from the police.they tell me to hire a lawyer because it sounds like a property dispute to them.they wont even come out and take a report.so i have said before and will say again losen vigilanty laws!! so the good ppl. have the right to do what cops wont!thank you god bless and have a great day...
Posted by: Anonymous on Oct 3, 2008 at 10:13 PM
I can tell by all of the ignorant comments that you all have not read the whole story. It's not that he passed gas, its that he did it in a degrading manner. I too would take it as an insult if somebody stuck there hind end in my face and let one rip and then fan it in my direction. That's disgusting. Then the guy brags about it. Boy he's a legend in his own small mind. So to all of you dissing the cops, the next time you need someone to help you out, call a drunk. I'm not saying there not a few bad apples out there, but for the cops that I have met they are professional and civil. Give them a break. If any of you can do better, by all means please go and do it.
Posted by: Anonymous on Oct 3, 2008 at 01:03 AM
this story just goes to show you that cops feel like they can do anything & get by with it. they feel like they are so high & mighty & invisible because of their uniform & badge. to me they put their pants on the same way i do. i think they are rude & very disrespectful to people. if they want to be respected they need to show more respect.
Posted by: Maynard on Oct 2, 2008 at 08:16 PM
If passing gas on someone is now a criminal offense - I'll probably be on death row by next week.
Posted by: will on Oct 1, 2008 at 07:20 PM
more room outside than inside
Posted by: Stink on Oct 1, 2008 at 12:25 AM
Something tells me this was not Cruz's first offence at passing gas, the right investigators need to get on this before he turns into a serial pooter.
Posted by: ROOTNTOOTNGOOD TIME on Sep 30, 2008 at 03:06 PM
HA! IS THIS THING STILL BLOWING AROUND? GET OVER IT IT WAS A PEDO (SPANISH WORD) PINCHE PEDO!!!! GET OVER IT!! TO ALL OF THOSE WHO THINK WEST VIRGINIANS ARE STUPID, BLOW IT OUT YOUR REAR!!!!!!!
Posted by: Anonymous on Sep 29, 2008 at 09:21 PM
Okay I see punishment for the DUI case, but for the passing gas .. are you freakin kidding me?? whats next..? These cops now a days think way tooo highly of themselves! Get OVER yourself!!! I mean seriously what is this world coming to? Get over youself and go get the murders rapists and thiefs and STOP worrying about the small stuff. This case is ridiculous
Posted by: laur on Sep 29, 2008 at 07:07 PM
this was fun to watch on SNL!!!
Posted by: olee on Sep 29, 2008 at 04:38 PM
You guys are a disgrace. I sure hope you do not need the aid of an officer. The officers are abused by drunks quite often. Any assault on an officer is punishable by law. Any drunk does not have respect for anyone let alone a police officer. When DUI's kill someone, people have a different attitude especially if there family is involved. Jose was just being a typical @#$%. West Virginia has nothing to be ashamed of,
Posted by: harry on Sep 29, 2008 at 04:19 PM
you have to admit, if it doesnt smell like sh-t,you have to acquit
Posted by: Jimmie Jack on Sep 29, 2008 at 03:10 PM
I flip cops off every chance I get. You're getting a ticket either way and freedom of speech trumps state law. Just don't get verbally argumentative. Just keep the finger in a prone position and he won't shoot you and later claim you made a sudden move.
Posted by: Anonymous on Sep 29, 2008 at 01:44 PM
i now its not a polite thing to do but, if you have to pass gas hey let it rip!! you gonna get a tummy ache if you hold it in. you can't stop people from passing gass.this is a free country.people PASS GASS ALL THE TIME!! GET OVER IT ! STOP MAKING FOOLS OF YOURSELF!!!!!!!
Posted by: Roy on Sep 29, 2008 at 11:57 AM
I can't believe the police officers are whining about sarcasm while boasting about their efforts to "uphold the law". You couldn't be any more sarcastic than writing someone a ticket and then saying, "Have a nice day" as you walk away from their car. When the violator pays the ticket, that should be punishment enough. They shouldn't have to put up with the cop's mouth. Furthermore, I was behind a Huntington police officer one morning (car 136, to be exact) as he ran off and left me on 5th avenue. It was a 35 mph zone. My cruise control was set, and he ran off and left me as if I was standing still. It was not an emergency, because I saw where he pulled off the road. Moreover, I still remember watching a Huntington officer make a blatant u-turn only a few weeks after my wife was cited for the same offense. The only difference was that we paid money, and he did not. Many cops(not all) are sarcastic and arrogant, so they shouldn't cry about others' sarcasm.
Posted by: Mini-Haha on Sep 29, 2008 at 01:09 AM
I knew it would be a national news event once they got wind of it.
Posted by: Brandy on Sep 29, 2008 at 12:35 AM
This "news" actually made it to Saturday Night Live on Weekend Update with Amy Poehler and Seth Meyers. They were making fun of it. I bet the arresting officer will never be able to live this one down.lol
Posted by: Rob on Sep 28, 2008 at 08:51 PM
1305 comments MrObvious.... People sure do get entertained easy here in WV don't they?
Posted by: another reader on Sep 28, 2008 at 08:07 PM
Laughter is good for the soul. I haven't laughed this much in a long time. These comments are really a hoot...er, I mean a toot. Soooooo funny!!!
Posted by: MrObvious on Sep 28, 2008 at 05:51 PM
Wow, how many comments has this story generated now? I'm too lazy to count them...lol
Posted by: anonyous on Sep 28, 2008 at 04:33 PM
Police have nothing better to do then make their self look STUPID, like you ain't got anything better to do, If this is the way the department runs , Fire all of them and get someone in the jobs that will do a better job, Shame on you disgracing yourself s and your city who you represent.
Posted by: Anonymous on Sep 28, 2008 at 02:44 PM
Ok now that is just funny!!!!!!!!!!!!!! Sounds like something people I know would do!
Posted by: Sue on Sep 28, 2008 at 12:54 PM
This cop should be "laughed" out of the area for even charging the man with "battery by passing gas!!!!! LOL How can he show his face in his area. This is so STUPID!!!!
Posted by: sue on Sep 28, 2008 at 11:02 AM
For those who point out that no one seems to care about the dui. Sure they care that the guy got caught, sure they respect the fact that law enforcement did their job, but at the same time it has been proven time and again that our police more often than not abuse their power. Why deny what is so obvious.
Posted by: Charlie on Sep 28, 2008 at 10:03 AM
I really can't believe the people are more interested in this story than what is going on in Washington. They are announcing today that they are going to go ahead and pass Bush's bill & once again give him what he wants like a little child who is throwing a tantrum. These spineless so called democrats we put in congress are no better than what we had before. Next time clean house. They refuse to override anything the decider proposes. When things do get as bad as George Bush has made it out to be in order to get his bill passed maybe just maybe people will wake up. This is just another blunder by Bush just like the handling of the Iraq war, Katrina, the economy these past 8 yrs & the way he has ran this country but he's right this time ?
Posted by: BillB on Sep 28, 2008 at 08:48 AM
I like the police very much and I am glad they got him. However I think that is the only law he broke. I think the policeman made a fool of himself as this is around the world with most people laughing their tails off at W.V..
Posted by: SNL on Sep 28, 2008 at 12:25 AM
This totally made Saturday Night Live. ha-ha. It was on Perez Hilton, CNN, MSNBC, FOX NEWS, YAHOO, TheSmokingGun, among countless other shows and national media outlets. I've heard stories that lawyers from all around are offering to represent this guy for free! Crazy times. WSAZ's website traffic has skyrocketed overnight. WSAZ is now one of the top 7,000 websites in the United States. Before the story- it was ranked in the top 100,000. Its worldwide reach has been incredible.
Posted by: To realist on Sep 27, 2008 at 10:19 PM
seems like alot of people care, lol there are 1203 comments.
Posted by: KGS on Sep 27, 2008 at 10:02 PM
BAD BOYS BAD BOYS WATCH YOU GOIN DO WATCH YOU GOIN TO DO WHEN HE FARTS ON YOU BAD BOYS BAD BOYS !!!! PRETTY GOOD ONE HEY
Posted by: Posted to Jill on Sep 27, 2008 at 05:54 PM
Apparently DUI's aren't that serious in braxton County as the drunks are allowed to plead down and get off easy about every time. Yes DUI's should be taken serious but here they pick and choose who they want to prosecute for DUI's, then allow the others to return to the roads to kill or injure others.
Posted by: realist on Sep 27, 2008 at 04:39 PM
Who Cares!!!
Posted by: Anonymous on Sep 27, 2008 at 03:15 PM
You will always have the people who are for law enforcement and the one's against. For those of you who are for, Bless you! For those of you that think officers should be spit on, urinated on, have fecal matter thrown at them, and/or farted on, call your local neighborhood drug dealer next time you need help. Officers in the Charleston area constantly stay busy dealing with disrespectful drunks and druggies that are either driving, pan handling, or breaking into your house or car, so that you won't have to. So for those of you that posted sarcastic comments about the battery charge, think twice before calling 911 for anything other than life threatening situations.
Posted by: Jill on Sep 27, 2008 at 01:52 PM
Try to remember what this man was in custody for; DRUNK DRIVING. He is obviously an idiot to begin with. Lucky he didn't kill someone with his erratic, no headlights driving before his arrest. Put yourself in the cop's place for just a second. I'd be extremely pissed if I were a cop and some dumbass wouldn't stop acting like a lunatic, hopping around while trying to get his fingerprints (already at your wit's end) and then to have him FART right in my face!!! NO WAY! That is just rude and discusting! I would have filed any and all possible charges against that nasty, drunk doofus too!
Posted by: Earl on Sep 27, 2008 at 01:15 PM
Man this is Great news!
Posted by: Joe on Sep 27, 2008 at 10:30 AM
WSAZ should give Tim Irr a healthy raise for not breaking down in laughter, or even cracking a smile while reporting this WV gas leak. If we could harness all this wasted gas we could be truly energy independent.
Posted by: Dave in on Sep 27, 2008 at 01:56 AM
If passing gas is a criminal offense, then I deserve the death penalty.
Posted by: holy fart batman on Sep 27, 2008 at 12:28 AM
WAS THE POLICE OFFICER EVEN SURE THAT THE GUY FARTED ON HIM? I MEAN HOW COULD HE TELL WITH THE CLEAN AIR IN THAT AREA???? I MEAN THE GUY WAS DRUNK COME ON THE GUY PROBABLY WAS LAUGHING SO HARD HE DID NOT CARE HE WAS GETTING ARRESTED. THIS HAS TO BE THE FUNNIEST THING I HAVE HEARD IN A WHILE. AT LEAST THE POLICE OFFICER CAUGHT THE GUY DUI AND HE DID NOT KILL ANYONE. ALSO, THEY SHOULD MAKE THE GUY GET AND ENEMA EVERY DAY FOR NINTY DAYS AND MAKE HIM CLEAN THE LATRINES AT THE POLICE BARRACKS FOR A YEAR. POLICE NEED TO ENSURE THEY ARE NOT ABOVE THE LAW AND LET THEIR ADRENALINE OVERTAKE THEM IS MY ONLY COMPLAINT FOR THE POLICE. OTHERWISE, THANK YOU OFFICER FOR ARRESTING A DRUNK.
Posted by: Jenny on Sep 27, 2008 at 12:23 AM
Why are so many people focusing on the Battery charge? Jose Cruz was driving drunk and got pulled over (thank God) before he killed someone. End of story! Cruz doesn't seem to care about DUI and the possibly of killing innocent people, so why does anyone care if he gets charged with Battery for farting, I mean, come on people, Jose's stinky fart is the very least of his worries now. Cruz doesn't deserve any special consideration for anything. I commend the Officer who pulled Cruz over, and the Battery charge was good, since it seems that once a case is before a Judge, something always gets dropped, and we now that the Battery charge is dropped, or would have been, so he is more likely to receive the harshest punishment for the DUI. I say Wonderful...DUI is serious, it kills, and now we have one more off our roads. Amen to the Police who protect us and deal with the idiotic people who are running around on our streets! God Bless all the good police Officers out there!
Posted by: Anonymous on Sep 26, 2008 at 11:39 PM
Where have all the comments gone. I'm just depressed that this story over-shaddowed the Duck Tape Bandit, as I just recently met the manager of Shamrock Liquors. I wanted to say to the man "Duct - Tape," with an excited shrill... and proceed to use the word "poke" in the same sentance. Lord oh lord, where have all the cowboys gone?
Posted by: ruthie on Sep 26, 2008 at 11:37 PM
PARSONS IS THE OFFICER NAME THAT EXPLAINS EVERYTHING!!!
Posted by: Wesley on Sep 26, 2008 at 10:30 PM
This one was a gas, and made me laugh till I tooted >< The officer needs a sense of humor.
Posted by: wow on Sep 26, 2008 at 10:08 PM
surely not,they will let people get away with anything these days.......lol
Posted by: buck on Sep 26, 2008 at 10:00 PM
maybe now the powers that be can understand why we peons have no respect for the police officers. God complex, ego, it is what it is. People think this is funny when in fact it simply shows the truth of what our officers are all about. They take it personal and then try to make things worse than what they are. The difference between us and them is they didn't get caught, and if they did they got off with no excess silly charges to contend with. Anyway this could be a never ending story
Posted by: Trunk Monkey on Sep 26, 2008 at 09:55 PM
I still think the Idiot should have been charged with something for moving 4ft, lifting his leg, farting then waving it towards someone....... Come on, DON'T act like this was accident. Read his statements.... "I couldn't hold it any more." I am so sure he was going to use the bathroom to fart. And "the cops thought it was funny".... They must have though it was sooo funny, We all know the cops laugh at all of are jokes while we are under arrest (get real). I wasn't even drunk".. Anyone is an idiot to think a sober man would have done this to a Police Officer. Jose Cruz is a Liar, a punk and a drunk who needs to be taught a lesson.
Posted by: mike on Sep 26, 2008 at 07:43 PM
Funny how people are talking about "insulting" and "disrespecting" the officer, while they overlook the fact that this cop filed assault charges because the guy passed gas. If anybody is respecting anything, it's the cop disrespecting the law because his ego is so huge.
Posted by: Cassi on Sep 26, 2008 at 06:38 PM
I feel bad for this officer. I'm sure he didn't realize how big of a deal it would be. He shouldn't have been drinking and driving anyway so he deserves whatever he gets. Don't disrespect cops.
Posted by: just curious on Sep 26, 2008 at 06:24 PM
come on now... i know they have survilance on this.. i have to see this PLEASE LET US VIEW IT!! im sure the video would up wsaz ratings!!
Posted by: Anonymous on Sep 26, 2008 at 05:07 PM
I love the men in blue but this was some funny reads! Had to be a part of over a 1,000 comments! I hope the family has a good sense of humor. The man did get a drunk driver off the road that night.
Posted by: nobody on Sep 26, 2008 at 04:29 PM
This puts a whole new meaning to sh** on you!! lol.
Posted by: Voter on Sep 26, 2008 at 03:57 PM
To Sympathetic, I respect and admire law enforcement, but this was funny and some times we need comedy. It was on the MSNBC web site today.
Posted by: Lara on Sep 26, 2008 at 03:26 PM
I think somebody should've taught this nut some respect for his elders.I know it isn't nice to be sooo rude to a police officer who was just trying ti do his job,if I was the officer I would send him straight to jail!Absolutely no questions asked!
Posted by: haha on Sep 26, 2008 at 03:22 PM
not a crime but could be a tort. too funny though
Posted by: lets a million on Sep 26, 2008 at 02:51 PM
Doctors say it's better to let it out than hold it in. Police need to be more professional and less personal. I'll bet they cut them all day in their police cruisers while they have people in the back seat handcuffed and have to tolerate it.
Posted by: Jenny on Sep 26, 2008 at 02:28 PM
He could have been charged with failure to properly dispose of toxic waste... LOL
Posted by: Adam on Sep 26, 2008 at 01:53 PM
I just wanted to be part of the most commented story on WSAZ ever.
Posted by: Furda on Sep 26, 2008 at 01:13 PM
I believe he was refused a restroom break! So look out Raleigh Co. this could be a smelly year! Refuse and you loose.
Posted by: Mr_Funny on Sep 26, 2008 at 01:08 PM
Take Bean-O before the arrest, and there'll Be-No extra charges.
Posted by: buck on Sep 26, 2008 at 11:46 AM
Just think people, this is the only the one we hear about. Think about the ones we don't hear about. Sounds like officers need a class on how not to take things personal and stick to the charge at hand. Leave the God complex alone if which the majority do have. Misuse of power at its best.
Posted by: Just Me on Sep 26, 2008 at 11:43 AM
I have to say, I do feel sympathy for the family. They are dealing with alot of scrutiny and embarrassment over this matter and its needless,senseless and useless. As most of you have said it is "rude" however it is a normal human bodily function that happens to each and everyone of us from time to time and I'm certain that the cop in this case has "relieved" himself in this manner and needs to ask himself...Would he want to subject himself and his family to this sort of embarrassment and humiliation? Let's try and "move on" to more important things WSAZ such as the economy, gas prices..etc.
Posted by: B-Dub on Sep 26, 2008 at 11:19 AM
Clearly this was within legal actions....He merely has a turd honking for the right of way....sounds polite and legal to me
Posted by: tf on Sep 26, 2008 at 11:16 AM
Oh thank you officer for saving us from this Aweful Gas leak!LOL... You should go after the Oil Companies next, thats where we need the help at! No wonder WV has such a "bad rap" look at what they have serving the public! "He Passed Gas On Me!" C'mon! Are you in Middle School again? Go fight crime and get some of these drugs off the street so our children don't get corrupted or even killed! This is without a doubt the most ignorant thing I've have ever heard of! If this were a T.V. Show it would have been a funny scene, but this guy is out there protecting us in real-life... Congradulations Officer, you've made the Headlines in real fasion!
Posted by: Denise on Sep 26, 2008 at 11:11 AM
No wonder WVA gets a bad name,your press can write about some of the most ridiculous stories it does make WEST BY GOD VIRGINIA Look like no-one has an education !!!!!!!!I was born and raised in Elkview WVA Relocated to NC in 1994 to further my career.
Posted by: Tori on Sep 26, 2008 at 11:04 AM
If tooting is a crime then my husband should be arrested! I mean come on that was stupid. Everyone in the US makes fun of WV and this guy just gave them more ammo. The officer really needs to take a long hard look at the work he should be doing rather than makeing rediculous claims.
Posted by: k.Furda on Sep 26, 2008 at 10:51 AM
Better OUT Than In... good 1 Cruz..most cops stink on there own...and would do the same to you..1 for the dui's lol...
Posted by: Anonymous on Sep 26, 2008 at 10:41 AM
LOVE the comment that its Pablo's brother! Anyone who posts on here regularly knows Pablo always has a way of getting on your nerves. Poor Mr. Cruz I wonder if he'll sue the police. He who does not toot explodes. Ha Ha
Posted by: SUSIE on Sep 26, 2008 at 10:35 AM
PASSING GAS IS HUMAN NATURE,, THE OFFICER SHOULD BE GRATEFUL THAT HE DIDNT GET S!!! ON.WHERE I WORKED THAT WAS WHAT I WAS THERE FOR.
Posted by: beano on Sep 26, 2008 at 10:25 AM
Hey copper pull my finger
Posted by: teeneyme on Sep 26, 2008 at 10:25 AM
And people wonder why West Virginians are looked at as hillbillies - come on people if the police can charge you for "natural gas" issue there is something wrong - are these people real officers or rednecks??
Posted by: Andy on Sep 26, 2008 at 10:20 AM
Hey Mary the duct tape bandit was in Ashland,KY not WV
Posted by: ANONYMOUS on Sep 26, 2008 at 10:11 AM
A YEAR FOR PASSING GAS WOO? GIVE ME A BREAK. MY BROTHER GOT DRAGGED BY A CAR; AND RUN OVER TWO TIMES AND HE GOT ONLY 1 YEARS; THAT'S YOUR JUSICED SYSTEFOR YOU. COME ON GET THE REAL CRIMES OFF THE STREETS. HUNTINGTON IS IN A BAD PLACE TO LIVE EVEN MORE BETWEEN DRUGS; AND MURDERS AND BREAKING IN PEOPLE HOMES; GET THEY PEOPLE OFF OURS STREETS OK.
Posted by: PASSING on Sep 26, 2008 at 09:34 AM
BEANO MUST HAVE COME AROUND!THIS GUY WILL BE RICH SOON I WILL BUY HIS T SHIRTS! HAPPY DAY
Posted by: Dave on Sep 26, 2008 at 09:03 AM
If "cutting the cheese" is such a crime, I know some people who should be on death row!
Posted by: Valerie on Sep 26, 2008 at 08:55 AM
I think the officer in this case should have more tolerance and over looked the whole passing gas issue. Just goes to show cops get the Big Head and think they can do want ever they want! Grow up! If you want respect you have to earn it,seems like this officer deserves very little.
Posted by: Anonymous on Sep 26, 2008 at 08:34 AM
duct tape bandit wasn't in wv
Posted by: mandy on Sep 26, 2008 at 07:57 AM
would everyone stop calling him a mexican he is a puerto rican. I know for a fact because he is my brother in law.If you only knew Jose. He raises a stink where ever he goes. And the poor family is embarrassed and this is public.
Posted by: Frank on Sep 26, 2008 at 07:55 AM
Hey, at least it wasn't another "cop denies man CPR because he thinks the man has AIDS" story. Another WV black eye from law enforcement.
Posted by: scott on Sep 26, 2008 at 06:19 AM
wheres the evidence lol
Posted by: BobK on Sep 26, 2008 at 06:05 AM
This could be a "windfall" for Jose. Doing endorsements for the Beano company. Only problem will be the PC crowd. The same ones who killed the Frito Bandito. How about a new Mexican Restaurant called "Tooters"? Instead of paper towels they can have a roll of toilet paper at the table.
Posted by: BobK on Sep 26, 2008 at 05:55 AM
Dropping the assult charge will finally clear the air.
Posted by: SANDRA on Sep 26, 2008 at 05:42 AM
IF THAT WOULD HAVE BEEN MY HUSBAND OR DAUGHTER THEY'D GET LIFE IN PRISON!!!!!!!!!!!!!!!!!
Posted by: BobK on Sep 26, 2008 at 05:33 AM
News Flash: Police have a "crack" in the case.
Posted by: Tammy on Sep 26, 2008 at 04:45 AM
HAAAAAAAAAAAAAAHAHAHAHAHAHAHAHAHA
Posted by: me on Sep 26, 2008 at 04:42 AM
the cop should be lucky cruz didn't have pickled eggs with his beer. then it could have been a terrorist act of mass dis-stink-tion
Posted by: Dave on Sep 26, 2008 at 01:50 AM
Dispatch! Dispatch! Officer Parsons is down! Suspect is squeezing off rounds. Send medical! Officer Parsons is losing consciousness!
Posted by: james on Sep 26, 2008 at 01:41 AM
wow, something else for people around the country to poke fun at wv, it's not bad enuff they think we are all toothless hillbilly's living on wellfare, now they have this
Posted by: joey on Sep 26, 2008 at 01:33 AM
come on now everybody get real, what should we do get a catalytic converter to our tail ends , gggggggg whiz whats next? a natural thing passing gas or blow up if you dont. this is so goofy.
Posted by: morty on Sep 26, 2008 at 01:14 AM
NOW , if that had been CHUCK NORRIS that did that, then you could say it was a battery charge cause that police officer would have been blasted across the room :)
Posted by: pffffffffffft! on Sep 26, 2008 at 01:12 AM
Cruz is now charged with battery on a police officer, as well as DUI and obstruction. Hmmmmmm......where exactly did the 'obstruction' charge come from? roflmao...apparently he didn't have too much of an obstruction! I love it!! With everything going on in the world now....this most def. provided some much needed comic relief!
Posted by: truth on Sep 26, 2008 at 12:43 AM
this was pablos brother,,,,,,,lol
Posted by: Len on Sep 26, 2008 at 12:37 AM
something about this case smells
Posted by: nono on Sep 26, 2008 at 12:29 AM
mary,boyd county gets credit for the duct tape bandit.......lol
Posted by: Sympathetic Officer on Sep 26, 2008 at 12:12 AM
Sigh... It seems you missed the point. I don't expect you to understand what a day to day life is for an officer. It is not important for you to care for an officer. It is certainly not necessary for you to respect an officer. All that we ask is to have some common courtesy to us as human beings. I did not agree with officer's actions, I simply implied that I was sympathetic to what happened. You may think we are high and mighty but the majority of us just want to help people. Unfortunately most of societies encounters with the police are negative. However, when it is storming and your lights are out, we check on you. When you think someone is in your house and may kill you, we come to you. When some drunk runs a red light and hits your car, killing your entire family, we are there to comfort you and bring the guilty to justice. We understand that we are not respected or liked. We still do our jobs the best we can. By the way, we pay taxes too.
Posted by: Anonymous on Sep 25, 2008 at 11:59 PM
I had a stinky ex girlfriend now only if I would have known I could've locked her up for it.
Posted by: Wayne on Sep 25, 2008 at 11:41 PM
I wouldn't waste my gas on a Greenup County deputy.........
Posted by: ERECTOR on Sep 25, 2008 at 11:31 PM
respect citizens,you hit it right on the nail,you have to earn respect not just wear a uniform,dont get me wrong i respect our officers,some just let it go to their head higher then others,we all came from the same place,we all do wrong in different ways; one might CHEAT ON HIS MATE, my point policeman are dishonest to,westwood officers i will be praying for you all.
Posted by: mary on Sep 25, 2008 at 11:10 PM
i woulda been really pissed if i were a taxpayer in this county and this would have been taken all the way to court! WV has the duct tape bandit and the farting criminal . . .nice . . .real nice!
Posted by: Frank on Sep 25, 2008 at 11:08 PM
If my wife ever decides to press charges, I may never see the light of day!
Posted by: GnomenKlayture on Sep 25, 2008 at 11:04 PM
Judge drops it! Good for him! As a KY native myself, we know horse manure when we smell it. So now I wonder, is the Judge from Ky?
Posted by: Anil on Sep 25, 2008 at 11:02 PM
If this were to happen in India, there would be no place in the jails !!
Posted by: Ashley on Sep 25, 2008 at 10:59 PM
Back home in London, we use the word FART....a good SAXON word. I once FARTED in a cable car in Switzerland and was not even arrested - lucky me! And the swiss are about the stuffiest people in the world. A FART is a traditional sign of displeasure and perfectly acceptable when confronting lowlife officious policemen...long the FART!
Posted by: Juan on Sep 25, 2008 at 10:43 PM
oh come on now this post just goes to show how high and mighty a cop thinks they are. Posted by: Sympathetic Officer on Sep 25, 2008 at 06:38 PM The act is not the issue, it is the INTENT of the act. If the subject's intent was to target the officer with the gas then it is at least harassment. The act is no different then spitting on, or burping in the face of an officer. It is incredibly disrespectful and should not be tolerated by someone whose position requires respect. Allowing even a minor act to go unpunished could place the officer in situations where certain tolerance is not warranted, thus placing the officer and the public in danger. This is a literal case of "where does it end". How far should you let someone push you? This case is a bit of an extreme reaction but the officer has my sympathy. I have been spit on, urinated on and sneezed on. All with the intent to attack my dignity as a human being, much less as an officer. Battery? probably not.
Posted by: Eugenia on Sep 25, 2008 at 10:43 PM
When i was booked, i thought it felt like gas, but i ended up making a mess of myself. The officer aint even knowed id done it when i did it
Posted by: mike on Sep 25, 2008 at 10:32 PM
once again we make national news for being inept, nice work!!!
Posted by: Anonymous on Sep 25, 2008 at 10:29 PM
WV has penty of Mexicans! So many we can save gas and oil if we would start burning them for fuel! FEMA: Find, Every, Mexican, Available.
Posted by: John on Sep 25, 2008 at 10:20 PM
Prosecutors seen what a "STINK" this fart was gonna raise.. good job P.A.
Posted by: Anonymous on Sep 25, 2008 at 09:59 PM
Cruz should have to pay the officer for pew-nitive damages!
Posted by: leroy on Sep 25, 2008 at 09:58 PM
Hey old cop you need a beer,burrito try to relax and let off some steem.
Posted by: Ohio Resident on Sep 25, 2008 at 09:58 PM
Way to go W.V. The jokes over on this side are starting to circulate! At least Kentucky is off the hook....for now!
Posted by: Rich Rodriguez on Sep 25, 2008 at 09:57 PM
They got a little carried away there, didn't they? Imagine if they had been eating their donuts at the time, they'd really been sore.
Posted by: hank on Sep 25, 2008 at 09:52 PM
hahahaha!!! yeah those fart's can be a deadly weapon hahaha!!!
Posted by: chuck on Sep 25, 2008 at 09:42 PM
this is such a stupid act by a suspect but he shouldnt be charged with battering i say the charge should be air pollution at best and oh yea to old cop they call what u suggest police brutallity and to my knowledge that is also a crime and any cop that uses excessive force isn't any more than a dirt bag himself and to label other west virginia law enforcement officers as hillbillies u r a poor excuse for a officer of the law u have serious issues son and thank god u r no longer a police officer and if u still r they need to sit u down and have a shrink talk to u boy oh yea i aint no cop but i am a tax payer and if he was drinking and driving then thank god he didnt kill or cause serious injuries to innocent drivers or others police officers have a hard job and i take this moment to say give them some respect cuz they r out there protecting everyone not just some of us
Posted by: Torqued on Sep 25, 2008 at 09:35 PM
Felony fatalism?
Posted by: RESPECT CITIZENS on Sep 25, 2008 at 09:32 PM
This is for the sympathetic officer,as far as respect for officer yes i agree i live in a small area called westwood and a few of our officers here is as bad as the felon that just walked by, just because you are a police officer doesnt make you a good guy they are only hiding under uniform some of them ;RESPECT they need to take a class or two a lot of skeleton in there closet, shame on this officer for trying to add another charge on this man and thinking he could get by with it!!Just think how many times they get by with this!!!!!!!!
Posted by: wsaz fan on Sep 25, 2008 at 09:26 PM
Thank WSAZ
Posted by: Chuck on Sep 25, 2008 at 09:07 PM
I can't wait until Larry The Cable Guy "catches wind of this" he will have a ball with it.
Posted by: other brother larry on Sep 25, 2008 at 08:58 PM
Let me tell ya a story about a man named cruz,poor mexican came to wv to drink some booze,late one night went looken for some food seen a taco bell thats when he got pulled,went to the station got his fingerprints done there,cop pulled his finger he became a mountaineer.ye ha
Posted by: Sue on Sep 25, 2008 at 08:37 PM
I am really suprised that adult people would post such unrespectful comments as I've seen on here. I believe we need to have respect for authority. A police officer puts his life on the line every time he goes out on patrol. I do think that battery was a little strong but this man was not only driving drunk and putting all our lives on the line but was about as rude as you can get. A dog wouldn't even hike it's leg an pass gas on a person. I'm from WV and am proud of the state but this kind of thing sure makes us look bad. Shame on you Cruz. I sure hope you were just passing through and not headed for Wisconsin.
Posted by: Deep thinker on Sep 25, 2008 at 08:37 PM
You know, it's really a shame that this police officer made such a serious error in judgement by filing this charge. I'm thinking about the public humiliation he has caused himself. I'm sure he never imagined the outcry and publicity this would bring. As a former police officer, simular things have happed to me, as well as other officers, and you just accept the fact that some people are stupid and go about your business. These two men will be remembered, reminded, and always known for this single incident. This could end up destroying both mens personal and professional lives. Regardless that the charges were dropped, the stench is still in the air.
Posted by: Gasping on Sep 25, 2008 at 08:34 PM
Maybe my husband should be brought up on attempted murder charges for holding my head under the blanket after committing such a crime.
Posted by: done on Sep 25, 2008 at 08:33 PM
get over it, people gotta fart weather its on you or not, it's life hunny, farting isnt a crime.
Posted by: Kira on Sep 25, 2008 at 08:30 PM
Wv's finest are busting people for farting now? -_- Sadly what he did actually qualifies legally as battery, but really...come on.
Posted by: Steve-o on Sep 25, 2008 at 08:01 PM
Pfft, this is just to funny! He farted, and he got a battery charge. If they can do that, does that mean I can put half of the Freshmen at Saint Albans High under Citizen's Arrest?
Posted by: susan on Sep 25, 2008 at 08:00 PM
I THINK THIS IS THE MOST PATHETIC EXCUSE FOR A CHARGE.
Posted by: hammer on Sep 25, 2008 at 07:55 PM
cops think they are above us all to hear them tell it they dont pass gas i think they may be gas hogs
Posted by: Jenny on Sep 25, 2008 at 07:51 PM
OK, my final thoughts on this Cruz Blog: Imagine this; the Police did not pull Cruz over...he continues to drive drunk, your wife and child(ren) are on their way home from going to get ice cream, an innocent summer adventure/treat. Cruz drives head on into your wife's car, instantly killing your wife/child(ren). Their bodies are mangled beyond recognition. Your life has just been destroyed, you've lost those you love most. People show up for the incredibly tragic funerals and you hear someone say; "this is sad, but you gotta admit, Cruz's farting on the arresting officer was so funny". Does anyone get this now?????? Let's show a little respect for the Police Officers who work hard to protect us all from danger and stop focusing on the fact that this drunk driver was also charged with Battery.
Posted by: Pat on Sep 25, 2008 at 07:51 PM
I want to thank WSAZ for letting us read these comments!!!!Life is sooserious,with the economy and all.When I read these comments,I laughed til I cried.I don't know about the rest of you, but I needed that!!
Posted by: brian on Sep 25, 2008 at 07:42 PM
I have not met a cop yet worthy or respect. When they start showing respect for other people then they might be respected.
Posted by: Robert on Sep 25, 2008 at 07:32 PM
Poor policemen, i hate that he got gas passed on him. What a wimp get over it. how about we get ahold of real criminals.
Posted by: kreg on Sep 25, 2008 at 07:32 PM
just another illegal alien doing what they do best,,,,stinkin up the place.
Posted by: Old Cop on Sep 25, 2008 at 07:32 PM
What's the world coming to with these new pups becoming police officers? Back in the day; If some dirt bag would do something like this to an officer, the dirt bag would get the crapp slapped out of him and that would be the end of it. All this did was make ALL West Virginia Law Enforcement Officers look like a bunch of dumb hillbilly cops!!! That Chief needs to have a sit down with this officer.
Posted by: hank on Sep 25, 2008 at 07:32 PM
Hey Rufus 0n sep 24 heres some lyrics. ya gotta know when to hold em,know when to give em,know when to briskly walk away,and know when to RUN.
Posted by: Frank on Sep 25, 2008 at 07:31 PM
Can you believe this the next time anyone gets pulled over the officer will ask "Have you had any beans tonite, sir?"
Posted by: Jenny on Sep 25, 2008 at 07:17 PM
I think all you who have commented on how stupid the Battery charge is should read/reread "Pablo's" comment below, dated Sept. 25th @ 9:23am. He clearly has described the reality on these types of situations and I for one completely agree with him! I also have no sympathy for DUI's. If a person has no conscience about drinking & driving, why should anyone have any concern that the drunk driver is also being charged for farting on a Police Officer? I can only speak for myself, but I am most appreciative of the Officer who pulled Cruz over & removed him from the road to keep innocent people from being killed by obviously an idiot who doesn't give a crap about driving drunk & the possibility of taking an innocent life!
Posted by: Linda on Sep 25, 2008 at 07:14 PM
UNBELEVIEABLE!!!!!!!!!! The police cant solve a MURDER but yet they try to impose a charge on someone who only did what mother nature intended him to do. Come on now be REAL-------if he would have belched they probably would have given this poor man life!!!!! This is just too amusing---even for WVA
Posted by: roger on Sep 25, 2008 at 07:10 PM
Cruz won, he dropped the first charge.
Posted by: Monty on Sep 25, 2008 at 07:03 PM
Perhaps an appropriate punishment for the "Stinky" DUI guy would be for him to spend a week sitting in the sewer stench of Poca Middle School's seventh grade hall.
Posted by: Steve on Sep 25, 2008 at 06:46 PM
If he didn't let the fart out couldn't they have charged him with concealing a weapon?! Wait until his lawyer catches wind of this. I wonder what kind of evidence they are going to use against him in court. I bet he feels relieved now that he's "Released all charges." Maybe he ate the same Double Buffalo Chicken Sandwiches I had from Rally's for lunch. Oh Brother! That much hot sauce has no business on one sandwich.
Posted by: Sympathetic Officer on Sep 25, 2008 at 06:38 PM
The act is not the issue, it is the INTENT of the act. If the subject's intent was to target the officer with the gas then it is at least harassment. The act is no different then spitting on, or burping in the face of an officer. It is incredibly disrespectful and should not be tolerated by someone whose position requires respect. Allowing even a minor act to go unpunished could place the officer in situations where certain tolerance is not warranted, thus placing the officer and the public in danger. This is a literal case of "where does it end". How far should you let someone push you? This case is a bit of an extreme reaction but the officer has my sympathy. I have been spit on, urinated on and sneezed on. All with the intent to attack my dignity as a human being, much less as an officer. Battery? probably not. But at the very least, harassment. Unless someone has purposely smeared their blood on you, try keeping your comments to as little sarcasm as possible.
Posted by: Bill on Sep 25, 2008 at 06:36 PM
To those saying he should be charged with assault & battery, get real! If this had stuck, everyone would start filing charges for it. I mean, come on, would you want people calling 911 to report their neighbor for passing gas as he walked past their porch? Or Spouses calling 911 to report the other one for it? What would happen if you told your boss a co-worker farted on you, and you wanted to file assault and battery charges? Truth is this, with all the drugs, stabbings, murders, etc., going on in America, cops should have more important things to worry about.
Posted by: Heather on Sep 25, 2008 at 06:33 PM
They must realize how much the people of the city of Charleston hated the system after the child torturers were let go on a ridiculously low amount of money.
Posted by: fart narker on Sep 25, 2008 at 06:31 PM
i think its stupid that he got charge assault thats stupid that cop needs to grow up it was just a fart get iver it cry baby
Posted by: Ms. Common Sense on Sep 25, 2008 at 06:30 PM
Criminals are assaulting officers with farts, crap, and urine in prisons. In addition, students in inter-city schools for example Philadelphia, Pennsylvania are assaulting teachers and police-officer in these very disgusting acts. Laws need to keep up with crime and social decline. Our police officers and teachers need to be protected and respected. This was a pure act of defiance with this officer which is so very prevalent in our society these days.
Posted by: James on Sep 25, 2008 at 05:58 PM
Charleston Police Departments new slogan, "STOP OR I'LL TOOT!"
Posted by: Greaseman on Sep 25, 2008 at 05:50 PM
West Virginia's good enough for me.
Posted by: trishie on Sep 25, 2008 at 05:47 PM
Dear Heavens now I KNOW I have read it all The * Mad Gasser* was on the loose. I swear if * passing gas* is battery then my husband is a habitual criminal!! and so is my grand daughter. Sheeeeeeesh how stupid can the story get?? But I have to say I have read many posts and laughed till I cried. My sister in Northern Ohio heard about this story on U-Tube and tells me it is also on Rotten Tomatos and made the Leno show!
Posted by: Tim on Sep 25, 2008 at 05:42 PM
This has got to be the most stupid thing I have ever heard of. UH!! The guy was drunk cop! When a person is drunk, do you actually think he would be able to control himself? Stupid cop. stupid cop. I kind of wish this assault and battery charge would have happened so that when this cop does his paperwork, then to get laughed at by the authorities. Uh, gee sarg, somebody passed gas on me.
Posted by: C. on Sep 25, 2008 at 05:35 PM
Oh, what a relief.
Posted by: ye ha on Sep 25, 2008 at 05:30 PM
cruzs toothless wonder singing la la la la la LABOMBEDYA.
Posted by: anon on Sep 25, 2008 at 05:24 PM
Why is this cop raising a "stink" over something so petty?
Posted by: Wes on Sep 25, 2008 at 05:23 PM
This just goes to show how much police officers think they are God like creatures. Come on get over yourself, I'm surprised you were even able to smell it since all of you walk around with your noses stuck so high in the air. Wow your lucky it wasnt silent but deadly.
Posted by: A regular viewer on Sep 25, 2008 at 04:57 PM
Is this what's known as "Breaking News", or is it just a passing fancy?
Posted by: Ed on Sep 25, 2008 at 04:52 PM
$5000 bail??? The couple that abused the kids got that I'm appaulled that releasing gas and child neglect get the same bail????
Posted by: Eugenia on Sep 25, 2008 at 04:51 PM
well when i did it, i thought it felt like gas, but i ended up making a mess of myself. The officer aint even knowed id done it when i did it
Posted by: Ronnie on Sep 25, 2008 at 04:33 PM
I wonder if it was a electric fart. That is one with juice in it.
Posted by: CHARMIN on Sep 25, 2008 at 04:30 PM
I WISH MR.WHIPPLE WAS STILL AROUND
Posted by: L.O.L on Sep 25, 2008 at 04:23 PM
COME ON FOLKS THIS IS SERIOUS! THERE IS A CRIME WAVE GOING ON AND THERE ARE SO MANY ASSAILANTS AND SO LITTLE TIME! W.V. NEEDS TO HIRE SOME PROFESSIONAL SNIFFERS TO GO ALONG ON PATROL TO SMELL FOR TRACE AMOUNTS OF GAS IN THOSE PULLED OVER IN CASE THEY HAVE BEEN OUT ASSULTING PEOPLE. THE TIME FOR ACTION IS NOW BEFORE ITS TOO LATE!
Posted by: Donna on Sep 25, 2008 at 04:17 PM
LOL..... Thats a good one Chris!...Hope this doesn't make the Springer show. Us hillbillies gets teased enough as it is.
Posted by: Eugenia on Sep 25, 2008 at 04:13 PM
He's such a handsome young man
Posted by: Dustin on Sep 25, 2008 at 04:11 PM
I just let a fart at wal mart and it scared me so much because of the smell i left before someone called the police on me
Posted by: Anonymous on Sep 25, 2008 at 04:02 PM
Let Me Guess Lack of evidence and no witnesses or video of said brutal assault charges droped lmao
Posted by: TimA on Sep 25, 2008 at 03:53 PM
Hoping ole fart blossom got out of jail. Needs to stop that drinking and driving, but buddy when it comes to rippin one, leter go son. Better out than in, even in the face of the law.
Posted by: ripping one on Sep 25, 2008 at 03:52 PM
it must have watered the cops eyes so basd he couldnt finish fingerprinting brother beano
Posted by: booger on Sep 25, 2008 at 03:50 PM
was it a major blower otr was it a squeaker
Posted by: sabrina on Sep 25, 2008 at 03:49 PM
I am glad they are dropping the battery charges cause he passed gas... cause if they had keep the charge then I guess we all would be oing to jail for it...cause we all have passed gas around a cop at some time in our life...even if it was a off durty cop we still have passed it
Posted by: Greg on Sep 25, 2008 at 03:46 PM
I guess they decided to "let it pass."
Posted by: Ron on Sep 25, 2008 at 03:45 PM
Bay City Times story today said man charged with sodomizing a sheep will not be charged as a sex offender. Good thing he wasn't arrested by a West Vigginia cop.
Posted by: ANON on Sep 25, 2008 at 03:36 PM
Once again WV is laughingstock
Posted by: Jeff on Sep 25, 2008 at 03:28 PM
First they take away our smoking rights NOW our rights to farts are being abuse. LMOA This cop has to be a rookie I am hoping.
Posted by: julio on Sep 25, 2008 at 03:26 PM
Someone needs to contact the ATF because i think there is a large scale flatuation plant at station one on morris st. heres your chance Randy, show them whose the boss and write them odor offenses up!
Posted by: Ron on Sep 25, 2008 at 03:26 PM
I think the guy should send the cop his shorts as a friendly jesture. Tell the cop to get a life!
Posted by: BOOTS on Sep 25, 2008 at 03:13 PM
Tim Irr, you did a great job telling this story.How did you keep a straight face?I would have craped all over myself telling it ,GOOD JOB TIM,YOU ARE A HOMETOWN HERO!!!!!
Posted by: Bronco on Sep 25, 2008 at 03:04 PM
Can we be absolutely sure, without a doubt, that it was not the Police Officer's breath blowing back into his face and not Senor Cruz's passed gas?
Posted by: Lynn on Sep 25, 2008 at 03:03 PM
To Grossed out - with stories like this is there any wonder why we poke fun at the police officers. If they are charging someone with battery because they've been farted on they deserve to be laughed at! No disrespect for those who put their lives on the line for all of us who live or work in WV. But this was a funny story.
Posted by: Anonymous on Sep 25, 2008 at 02:54 PM
The officer already knew the guy was loaded. He should have disarmed the defendant before he had a chance to fire his weapon.
Posted by: dead horse on Sep 25, 2008 at 02:49 PM
Cruz sure did blow his cool on this one.
Posted by: Kathy on Sep 25, 2008 at 02:48 PM
WHAT "economy disaster"? NO....apparently all of US are only worried about this stupidity here in WV and the country! What war? What total economic collapse and INSANE BILLION $$$$$ BAILOUT of the very people who CAUSED the economic disaster? No, all we can talk about and think about in the "news" is this! How sad is THAT? I think we should check this guy's papers and if he's illegal, ship him back to Mexico so he can pass gas on THEM! Other than that? I think it's time for this insanity here to end (no pun intended) Enough already! I felt sorry for Tim Irr last night on the 6 o'clock news. He was trying so hard not to burst out laughing when he was having to deliver this little gem of important news to us! You did WELL, Tim! I couldn't have kept my face straight believe me.
Posted by: dead horse on Sep 25, 2008 at 02:47 PM
With his picture and that story, this Cruz fellow sounds like a real blowhard.
Posted by: dead horse on Sep 25, 2008 at 02:46 PM
He sure was gassed out after his long night.
Posted by: C Adams on Sep 25, 2008 at 02:46 PM
Hello!! The law doesn't respect ALL. This story is funny! What a crybaby for a law officer!! But it is all about who you know-not what kind of trouble you are in. There is a DNR officer up the next road from where we live and he lets (ONLY) his family burn trash, an old house they were taking apart, but there was an elderly lady told me that she got a fine for burning her trash in her backyard, her husband had a stroke and was sick, so she burnt it and it didn't even get a chance to all burn up-another DNR officer came up and talked to her awful. IS THIS RESPECT FOR THE ELDERLY? I agree she shouldn't have been burning trash, but maybe she thought if his family can do it why can't she?? That isn't a good way to earn respect in your community.
Posted by: Anonymous on Sep 25, 2008 at 02:45 PM
There are consequences when you run afoul of the law.
Posted by: PLS make it go away! on Sep 25, 2008 at 02:43 PM
THANK GOD! Now we're ALL "relieved" here - HOPEFULLY and hopefully this story will go away...every one just fan the air and maybe it will WV didn't need THIS latest black eye on our intelligence and State
Posted by: Soup Beaner on Sep 25, 2008 at 02:43 PM
Looks Like Someone Had To Many Soup Beans! Where Is This Cop From? Havent He Ever Ate Soup Beans Before!! Toot Toot!!!
Posted by: dead horse on Sep 25, 2008 at 02:42 PM
If it wasn't thick, you must acquit.
Posted by: lucy on Sep 25, 2008 at 02:38 PM
This is stupid!! Someone wrote respect the law officers. Do the law officers respect us!! Maybe a few, but the majority doesn't. You can follow a State Police down the road and he will go by you just getting it, NOT IN Pursuit, just going to a restuarant, now is that respect, if he were to hit someone and kill them, then it would be the deads fault, All because he is a SP. Get real. What about all the drug dealers that get caught and get right back out on the street the same night they go to the slammer. What about all the people that are abusing and molesting children, breaking in and assulting the elderly? A slap on the wrist--don't do it again!! But passing gas==put him in jail for passing gas on me!!CRYBABY!!Never hold your children or grandchildren, you may have to take them to the pokey for fumagating their diapers. I'm sure ALL law officers break the law but they just got a badge to cover it up. We have a DNR officer in our hollow that seems to let (only)his family burn trash.
Posted by: Rick and TAmmy on Sep 25, 2008 at 02:37 PM
Does this officer think that his crap dont stink? Give me a break. The guy was drunk,he is lucky he didnt get barfed on.LOL!!!
Posted by: Poncho on Sep 25, 2008 at 02:36 PM
So he got the passing gas and obstruction charges dropped, but he still faces the DUI charge. However, if he's an illegal immigrant, and if he obtained a driver's license with false paperwork, he should be charged with being in the country illegally, along with forgery or perjury; whichever crime he possibly committed. Automatic deportation for this loser if he is here illegally!
Posted by: dead horse on Sep 25, 2008 at 02:35 PM
We can all breathe easy knowing that he is behind bars.
Posted by: dead horse on Sep 25, 2008 at 02:32 PM
If there is no scent you must find him innocent
Posted by: POOPSTAINS on Sep 25, 2008 at 02:27 PM
We all want to know who the arresting policeman was? Why doesnt wsaz tell there listeners?Is he ashame of his action for attenion, i heard he is always complaining get rid of him he had made charleston policeman look bad once again!!!!!!
Posted by: Gov on Sep 25, 2008 at 02:25 PM
A background check by the FBI needs to be done. He may be harboring a WMD (weapon of Mass Destruction).
Posted by: Bloomer Puddin on Sep 25, 2008 at 02:24 PM
The cop should be charged for creating a big "STINK" about it. No pun intended.....LOL
Posted by: Me Too! on Sep 25, 2008 at 02:18 PM
Well if passing gas on someone or in their general direction is considered battery then I live with a wife batterer! My husband delights in trying to stink me out of the bed at night. So the next time it happens I'm going to call the police and charge him with battery!!! (hahahahaha)
Posted by: Chris on Sep 25, 2008 at 02:12 PM
"It was very ODOROUS!" ROLF I can see if the guy got the cop on the ground & farted on his head, but come on. "Bad gas, bad gas, whatcha gonna do? Whatcha gonna do when he farts on you?" LOL
Posted by: Thomas on Sep 25, 2008 at 02:12 PM
Morons appear in all walks of life but I have noticed that local police typically have a higher percentage of them than most other professions. If you're not smart enough to get a real job, you can be a cop.
Posted by: Anonymous on Sep 25, 2008 at 02:10 PM
yes anon at 11:08 a.m I'm flatulent in 3 languages! Occaisionally I eructate
Posted by: James on Sep 25, 2008 at 02:09 PM
did it discolor his uniform or something?? I laughed so hard I almost peed my pants LOL
Posted by: buck on Sep 25, 2008 at 02:09 PM
First a kid is shot because they can't run after him. Solution "exercise" Now someone is charged with battery over passing gas. Solution 'take some power away so they don't get a God complex' Everyone else is held accountable so why on earth are the officers not held accountable. Even troops in combat are held accountable and that is during war unless our police nowadays are above the law. I'm beginning to think they are. That officer should have a charge against him for even filing such a silly charge and wasting the taxpayers time and money. There are to many God complex officers out there already. They need to be brought down a notch or 10.
Posted by: Debbie on Sep 25, 2008 at 02:07 PM
Woody, LOl My dog gets sheepish when she lets one rip too, Baaaa
Posted by: Frank on Sep 25, 2008 at 01:49 PM
This incedent shows the lack of common sense that many police officers have these days. How many other people have to be injured, or worse, die at the hands of inexperienced, uneducated officers, take for instance the nude man who fell to his death in New York. I fell most are looking for situations to impose their power and control over another human being. For once I thank a lawyer for seeing the situation for what it is, which is a waste of everyones time. What a national embarassment for your local police. department
Posted by: wow on Sep 25, 2008 at 01:48 PM
Sooo we've now made national news for this story...another embarrassment for WVA!
Posted by: Anonymous on Sep 25, 2008 at 01:46 PM
well, Pablo... not sure what statute you're looking at, but in the criminal realm, a charge of assault requires - Yes, REQUIRES - a physical component. A smell, no matter how obnoxious it is, just don't cut it. Which is why you see the charges dropped (and please note, it was an assistant prosecutor that withdrew the charges, not the District Attorney. He was probably too embarrassed to take care of it himself). There's no criminal charge of 'verbal assualt' either. About the closest you can get to that is something along the lines of terroristic threats, but even assuming the odor was really bad, I just can't see (smell?) a stinky getting us into the realm of that particular offense. The reality is, police officers and other civil servants (such as EMTs) put up with a lot of (eh-hem) crap, but just because it's crap doesn't make it criminal.
Posted by: lyn on Sep 25, 2008 at 01:36 PM
ok if he did step beside the officer to pass the gas, no harm done except a stench for what a few minutes. Instead of great arrest of a DUI, it's a another joke on WV police officers. Hope the officer's kids don't pass gas poor things will grounded for life.
Posted by: Fallenone on Sep 25, 2008 at 01:22 PM
Does this mean if an officer pulls me over and he has bad breath, I can charge hm with POLICE BRUTALITY?
Posted by: James on Sep 25, 2008 at 01:19 PM
People cannot help passing gas and depending on what they have eaten it may be very odiferous. Even if Jose did it on purpose. There should never be a criminal or otherwise charge for passing gas. It could have been nerves. Even if it was deliberate no harm could be done. The officer should just laugh it off.
Posted by: Sara on Sep 25, 2008 at 01:17 PM
If you let a wet fart is it considered Malicious Wounding with a deadly weapon.
Posted by: Paul on Sep 25, 2008 at 01:13 PM
If I were the Chief of Police in South Charleston I would strongly repremand the officer who wrote up this complaint inserting the "Gas Attack" His IQ can not be high enough to do be a Police Officer.
Posted by: Crazy Dave on Sep 25, 2008 at 01:10 PM
WOW! This case could change our country as we know it. I can see it now. All food and beverages will now need a warning label! WARNING “AFTER EFFECTS FROM CONSUMING THIS PRODUCT MAY LAND YOU IN JAIL”! Education is another area that will be greatly affected. NO TOOTERS ALLOWED! The people of our country will now be able to have kids, parents, grandparents, neighbors or anyone that smells “odorous” put in the slammer. PUNISHABLE BY LAW. Punishment can be mandatory recycling. Recycling devices and GPS tracking devices can be installed at violators expense! Collection Centers can be provided at your local PD Departments. Who knows this may even help stabilize the economy! Energy Crisis solved. “GOODBYE OPEC”. With all the changes that may occur I might have to get rid of my compooter. “Get Real” A good laugh goes a long way! Thanks WSAZ! http://www.paulinespreciousgifts.com
Posted by: Dave on Sep 25, 2008 at 01:07 PM
A few years back a sheriff deputy thought I flipped him off and he charged me with assulting a police officer.Went to court and judge dismissed charges.He then told the deputy if he ever charged anyone this way again he would hold the deputy in comtempt of court.Police officers can charge anyone with just about anything they want to but proving a case is something else.
Posted by: Doc on Sep 25, 2008 at 01:00 PM
Holy cow!!!! If this is a passing gas is a standing statute in South Charleston, there should be a SWAT team up at my in-laws' house!
Posted by: WOODY on Sep 25, 2008 at 01:00 PM
MY SWEET LITTLE DOG COMMITTED BATTERY AGAINST ME LAST NIGHT. IT SMELLED SO BAD SHE GOT UP AND MOVED.
Posted by: Chad on Sep 25, 2008 at 12:53 PM
Plea bargain it to a 3rd degree cough
Posted by: To Grossed Out on Sep 25, 2008 at 12:50 PM
Since you're not even FROM "west verginye" why are you commenting to begin with? Deining to visit us illiterate rednecks on our own turf here? PULEEZE. Keep YOUR thoughts to yourself since you're even from here. From one "west verginyen" who takes offense and is grossed out by you & others making fun of us Like most families, WE can poke fun at ourselves and call ourselves names but all of you "outlanders" can't so please keep your comments to yourselves For the record, I think what he did was a really horrible, nasty, offensive thing to do as well as you do, BUT when it gets to the point in this stupid PC country/world that even THIS is against the law? Then it IS time for us to all hang it up! Get real! He needed punched but not arrested, but then also in this litigation crazy world/country, HE would have sued the cop and dept that's true. We have far more REAL criminals in this State/country to worry about charging with battery though IMHO
Posted by: tara on Sep 25, 2008 at 12:46 PM
He should of not got out of western regional jail. unless he could not do it again.
Posted by: Dan on Sep 25, 2008 at 12:42 PM
This is absolutely hilarious, the thing is we are all laughing, but this guy isn't! He's being charged with battery as a result, what a shame, it's absolutely ridiculous. I feel sorry for the guy
Posted by: Mystgreen on Sep 25, 2008 at 12:18 PM
Ah fahrt in your general direction! Natural emanation it might be, but so is urination. No one should to put up with someone intentionally doing it on you. Perhaps not battery but it certainly isn't proper decency.
Posted by: Lin on Sep 25, 2008 at 12:07 PM
The passing of gas is an unavoidable natural function of the body, but in this case it's very apparently displaying an intended act of defiance. The man MOVED from his designated seat (toward the officer), LIFTED his LEG (NOT a necessary natural function), and then FANNED the odor toward the officer! Even a school-child would be removed from the classroom & disciplined for that display of attitude and disrespect. At the least, this guy should be FINED for his behavior (and don't tell me he was intoxicated and didn't know what he was doing).
Posted by: Gaye on Sep 25, 2008 at 12:05 PM
It's not a matter of physical crime, but a matter of respect. To accidently pass gas is one thing but this man tried to insult the officer with this action. If people had more respect for authority (and themselves) situations like this would be less heard of.
Posted by: Tom on Sep 25, 2008 at 12:01 PM
I guess the prosecutor heard that the defense was going to unleash the "Whoever Smelt it Dealt it" defense. This case never would have passed the laugh test in court, so never could have been effectively prosecuted.
Posted by: John on Sep 25, 2008 at 11:59 AM
The cop who filed the battery charge should be fired for filing a false police report and tried for perjury (battery requires actual physical contact). This is exactly the sort of assault on civil liberties under color of authority that is turning this country into a third world police state cesspool. They got the drunk off of the road. Great! Kudos! But battery? I don't think so.
Posted by: jeff on Sep 25, 2008 at 11:58 AM
At first I was just as outraged by this cop's ego as everybody else in the country, but now I feel a little bad for him. Once his name gets out he's never going to be able to show his face in public again.
Posted by: Reanna Leoanard on Sep 25, 2008 at 11:55 AM
thats rediculus batery charges for passing gas
Posted by: annonymous on Sep 25, 2008 at 11:47 AM
Just another reason to make fun of West Virginia!!!
Posted by: Mom D. on Sep 25, 2008 at 11:40 AM
I very thankful that this didn't happen in Ashland given that we're already famous for the duct tape bandit!! I'v