A West Virginia Man Who Passed police said gas and fanned it Toward a patrolman charged with battery Has Been on a police officer.
Jose A. Cruz, 34, of Clarksburg, WAS Pulled Over Without early Tuesday for driving headlights, police said. According To the criminal complaint, Cruz smelled of alcohol, slurred speech and failed HAD three field sobriety tests Before He Was handcuffed and taken to a police station for a breathalyzer test.
As Patrolman T.E. Parsons prepared the machine, Cruz slid his chair toward Parsons, lifted his leg and "passed gas loudly," the lawsuit said. Cruz, according to the complaint, then fanned the gas toward the officer.
"Gas is very odorous and created contact of an insulting or provoking nature with Patrolman Parsons," the complaint alleged. He was also charged with driving under the influence, driving without headlights and two counts of obstruction.
Cruz acknowledged passing gas but said he did not move his chair toward the officer nor aim gas at the police. 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 could not take it anymore," he said.
