Prosecutors Drop Charge Related to "Passing Gas" in DUI Case

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Posted: 11:57 PM Sep 25, 2008
Last Updated: 11:57 PM Sep 25, 2008
Reporter: Courtney Sisk
Email Address: courtney.sisk@wsaz.com

1242 comments

Criminal Complaint - Jose Cruz

A | A | A

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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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Anonymous on Jun 29, 2009 at 10:18 PM
Now THATS "Breaking News" BAHAHAHAHA

Posted by: Anonomys on May 24, 2009 at 12:23 PM
that made me laugh

Posted by: Felicita Harris on May 1, 2009 at 05:42 PM
Get over it some of officers breath is just as offensive stop power tripping!

Posted by: Daniel on Jan 21, 2009 at 08:24 AM
Sympathetic Officer wrote: "All that we ask is to have some common courtesy to us as human beings." Yeah, we civilians expect that from cops, too.

Posted by: masterfu on Jan 9, 2009 at 03:20 AM
Well, at first I thought it was going to be a ridiculous charge (like some drunk guy not being able to hold it in, and then just farting and getting ticketed), but you can tell that the drunk dude was obviously doing this to try to start a fight or something like that (I don't know what the actual charge is called, but you get the idea). Similarly, while it's not a crime to accidentally spit on someone because you were "spraying it instead of saying it", you can get charged for "inciting a fight" (or like I said, whatever it's called) if you willfully spit on someone. To go even further, another example is going up to a long time friend that you haven't seen in a while (say, a girl you knew from highschool) and giving her a big hug... It's OK (kinda). But... if you were to give a great big hug to some random lady you've never met, lawsuit; and rightfully so. So... in this case, the drunk guy deserved the ticket for passing gas, since it was hostile.

Posted by: Ed on Jan 8, 2009 at 08:42 PM
It would be different if he lit it with a match. Then he could be charged with illegal use of a flamethrower.

Posted by: deathman on Jan 5, 2009 at 10:02 AM
This is the most dumbess thing i have ever heard of, Does this mean we can press charges on our kids for passing gas and it stinks??????

Posted by: Windy on Jan 2, 2009 at 10:23 PM
Cops - I know a lot of them and MOST of them are fine people who take "to serve and protect" very seriously. And like the rest of us humans, they're going to make errors in judgement now and then. I don't agree with the battery charge, but it's not a big deal. Getting another drunk off the road WAS a big deal. Good job! For those of you who are so worried about WV's "image" - get over it! Quit worrying about what people think. If they judge all West Virginians by the actions of one drunk or one cop, they're too ignorant to even bother with. I'm not embarrassed by the story. In fact I'm emailing it to several friends out of state because I think it's hysterically funny, made even funnier by being the most read story of '08. Instead of cringing in embarrassment, be glad that most of us in WV have a great sense of humor. We may always be the class clown among the states, so why not just run with it?

Posted by: Mr_Cop_Watcher on Jan 2, 2009 at 06:48 PM
Cops are just plain stupid.

Posted by: Peggy on Jan 2, 2009 at 09:56 AM
Born and raised here, but having been away for over 50 years, I have come home to my "roots"----to find the most read story of 2008 is about someone "passing gas"---not about the homeless, or abortions, or hungry children. I'd have thought my hometown would have grown up and acquired just a little culture in all those 50 years. I love this town and this state as no other, but it's no wonder we're the laughing stock of the nation--with being the fattest, unhealthiest, and now with the sickest sense of what one considers newsworthy. I've always been proud to say "I'm from West Virginia", even before being asked, but, now I'm not so sure. If the nation views us this way and just groups us all together, how does one who is not this "crude and gauche" rise above it? What hope is there for our children and grandchildren to see this headline as the "top read story on WSAZ.com"? With that mindset, I'm surprised they have the "gumption" to own and operate a computer. 'Nuf said!!!!!

Posted by: Retired Deputy on Dec 29, 2008 at 04:21 AM
I am a retired deputy who had a white female (arrested for DWI)to do the same thing while being searched. The odor was so bad that I threw up and my partner had to leave the area. The arrestee did not care about herself or anyone around her to include the other arrestee. The act was very degrading and she meant it for us but she only suceeded in degrading herself. My feelings for her had nothing to do with her race because you see I am a white female.

Posted by: AustrianManAtOSU on Dec 16, 2008 at 03:04 AM
White Devils? That's Racist.. Suggesting that all blacks live in 3rd world conditions? That's also Racist. And your point was proven wrong, we elected Obama. Biggot.

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: 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: 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: 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: 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: 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: 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: 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: 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've laughed until I've cried! Great comments! Where would we be in life without a sense of humor?! and a sense of smell!!!!?

Posted by: causby on Sep 25, 2008 at 11:30 AM
this was shuch a funny story that it made the XM raido show O&A its sad that it takes something as silly as this to get WV reconized in the rest of the country

Posted by: Debbie on Sep 25, 2008 at 11:29 AM
There will beano trial,I guess the prosecutor "passed" on pursuing it. No substance to it, just air.

Posted by: Queso on Sep 25, 2008 at 11:29 AM
I heard he waived a fart at the officer and told him to put that in his breathalizer.....now that's comedy!

Posted by: Bill on Sep 25, 2008 at 11:26 AM
It looks like this is one of those cases that just slipped through the crack.

Posted by: tracy on Sep 25, 2008 at 11:24 AM
did Jose say excuse me??? this was rude behavior, or possibly just an accident!!! we need more info, was he drinking in a bar that sold pickeled eggs? what exactly did he have to eat? depending on someone's gastro system, some people could be charged with attempted murder....did the cop have a witness? was it silent?....soooo many ?'s

Posted by: Michael Rooney on Sep 25, 2008 at 11:11 AM
Whoever is responible for this need to be fired TODAY!!!!!!!!!!!!!

Posted by: Rick on Sep 25, 2008 at 11:09 AM
For those who think it's ridiculous, read the complaint. I still think it is funny though.

Posted by: Anonymous on Sep 25, 2008 at 11:08 AM
I have no patience for anyone that breaks the law - - - - and especially a drunk driver. The law is too soft on criminals anyway - - - I say slam him for being disrespectful to the police officer. People need to put themselves in the police officer's shoes. They get sick and tired of "low-lifes" spitting on them, fighting them, cursing at them - - - Yes the cop should charge him on the flatulent. (For those of you that don't know, that is the proper/medical word for F--t).

Posted by: PAULA on Sep 25, 2008 at 11:06 AM
This is rediculous, battery charge for a fart. Talk about an uptight cop. Like he never passes gas? Has this guy never been around anyone with gas before, especially someone who has been drinking? I think the DUI charge is plenty enough.

Posted by: Val on Sep 25, 2008 at 11:06 AM
To think that officers of the law can be so anal. Unbelievable. Allowing such a charge is idiocy and an embarrassment to their integrity. Big cry babies.

Posted by: GD on Sep 25, 2008 at 11:01 AM
I think I'm going to file a citizen's arrest on the elevator in my building...I was assaulted twice this morning!

Posted by: Ashley on Sep 25, 2008 at 10:56 AM
Peeyu....that was the funniest thing I have ever read...lol. The sad thing is that this guy will be famous for this...the man who farted on the police officer...lol

Posted by: Anonymous on Sep 25, 2008 at 10:52 AM
If the guy sat on the cops face and farted, then I can PROBABLY see why a battery charge.

Posted by: Liz on Sep 25, 2008 at 10:44 AM
I am ashamed to say I'm from WV when all of you ignorant cop bashing people get on here. This cop did his job and took a drunk off the road so he didn't hurt anyone, does he not deserve the respect from you idiots on here to not make fun of him for charging this piece of crap with as much as he can? If he gets one more hour in jail because of it I think we owe this cop another thank you. Get off of his back and all of the other police who you feel have wronged you somehow because YOU were arrested by one of them because YOU broke the law.

Posted by: Calamity on Sep 25, 2008 at 10:42 AM
Battery? Pfft. Improper Toxic Waste Disposal could have gotten him more time.

Posted by: AJ on Sep 25, 2008 at 10:42 AM
lol... i guess thats why police eat donuts. if they ate chili they might be charged with battery haaaa

Posted by: victor on Sep 25, 2008 at 10:42 AM
does this mean when i drive down the highway and factoris emiting their horrible smells they can be arrested for battery?abuse of power.the officer should be reprimandeed for it.the guy still needless to say should be charged with dui.

Posted by: POOP STAINS on Sep 25, 2008 at 10:36 AM
this policeman sounds very childish to me is he wanting to be put on the TODAY SHOW, or looking for attention,or wasnt held enough as a child.why isnt his name being told WONDER WHY HA HA HA GROW UP

Posted by: Rick on Sep 25, 2008 at 10:32 AM
If this does stick, it wasn't really a f@rt.

Posted by: Otis on Sep 25, 2008 at 10:30 AM
Get Cruz out of my jail cell and please take the bullet out of Barney Parson's pocket before someone gets hurt.

Posted by: Jen on Sep 25, 2008 at 10:28 AM
As a former chief photographer, that is an AP award winner!

Posted by: jill on Sep 25, 2008 at 10:24 AM
Hilarious!

Posted by: Brewtus LeBee on Sep 25, 2008 at 10:19 AM
I am simply aghast at this situation!!

Posted by: Anonymous on Sep 25, 2008 at 10:17 AM
Obstruction? Clearly there was no obstruction.

Posted by: Jennings on Sep 25, 2008 at 10:15 AM
I guess most of you are missing someting here. A drunk driver was taken off of the street. My son was killed by a drunk driver in Chicago in 2000. If that man was not pulled over it could have been your family. But you people would rather make fun of the police officer for doing his job. I dont know if a lot of you people are drunk drivers too or just got a ticket one time or what. You people truly need to grow up.

Posted by: Tom on Sep 25, 2008 at 10:13 AM
Total waste of the taxpayers money-The officer should be ashamed of himself.Now we have another ducttape bandit story.

Posted by: debbie on Sep 25, 2008 at 10:10 AM
I loved this story reguardless of what others thought! A little light hearted fun was good for a change,(I LAUGHED), instead of getting depressed while reading the news! I love it!

Posted by: Biff on Sep 25, 2008 at 10:00 AM
Law and Odor....funniest news headline EVER.

Posted by: Charlotte on Sep 25, 2008 at 09:54 AM
South Charleston used to be the chemical center of the country. The air was continuously filled with odorous emissions. Ergo the "Finest's" sensitivity. He'll have to distance himself from manholes. Hope he keeps a stiff upper lip.

Posted by: dead horse on Sep 25, 2008 at 09:46 AM
The winds of change are swirling around the station.

Posted by: Kraig on Sep 25, 2008 at 09:46 AM
I think the whole thing stinks!

Posted by: dead horse on Sep 25, 2008 at 09:45 AM
Wait until the judge gets wind of this.

Posted by: matthew on Sep 25, 2008 at 09:43 AM
To: Grossed out If you are going to make fun of us learn to spell *very* Many of our cops our jokes the biggest drug dealing spot in charleston is on the corner of washington and ruffner the police station is one block away on jackson and ruffner. And we are supposed to have confidence in our police when they can't even clean up their own back yard. And don't even get me started on the idiot of a mayor we have.

Posted by: Amy on Sep 25, 2008 at 09:43 AM
He shouldn't be charged with battery. It's quite a funny story.

Posted by: Wv Dad of 6 on Sep 25, 2008 at 09:41 AM
Does this mean I have a house full of criminals, because my kids do it to each other all the time. Doesnt that also mean that every time a cop passes gas with a prisoner in the car that it is police brutality!

Posted by: Rick on Sep 25, 2008 at 09:38 AM
They actually need to amend the charges to "Assault With A Smelly Weapon".

Posted by: EASTERNKY on Sep 25, 2008 at 09:37 AM
Heaven forbid I go out and have Mexican food and end up getting pulled over. My life would be ruined. lol

Posted by: HUNTINGTON on Sep 25, 2008 at 09:34 AM
COME ON PASSING GAS IS HUMAN EVERYONE DOES IT. THE OFFICER THAT MADE THE ARREST, GEE I WONDER IF HE HAS EVER PASSED GAS. HOW LAME . I GUESS THEY JUST WANTED TO FIND ANOTHER REASON TO MAKE ANOTHER CHARGE. HOW LAME. GROW UP . THIS CHARGE IS SO JR HIGH. DUI I CAN UNDERSTAND BUT PASSING GAS. I PASS GAS EVERYDAY SO, SHOULD I BE ARRESTED FOR BATTERY? MAYBE THEY NEED A FEW HUMAN OFFICERS THAT WILL BE FAIR AND NOT CHILDISH.

Posted by: WV Mom on Sep 25, 2008 at 09:28 AM
This has made the national news. Just one more thing to give them reason to think we are totally stupid here. The officer will be forever ridiculed and as well should be. Charging Cruz for DUI is great and we are all glad of that, but the other is just plain ridiculous! I really enjoyed reading these comments. Some of you are really creative!! lmao

Posted by: Anonymous on Sep 25, 2008 at 09:28 AM
Ok this story has made national news. I'm so ashamed. Just another story to make West Virginians look like idiots. This officer that charged the individual should have just taken it like a man. I assume that the next time he craps in a public place or passes gas that he will be reprimanded for the smell!

Posted by: Pablo on Sep 25, 2008 at 09:23 AM
I think some are missing the point here. This wasn't just a dude passing gas, a normal human function some time. This dude purposly stepped up next to the officer to pass gas. In my younger days I volunteered for EMS and a fire department. I can't begin to tell you how many times treating drunk drivers in crashes that I was spit on, cursed and hit. This fellow was drunk and I can only guess what this officer had to do to make the arrest and get him back to the station. The action of the drunk was on purpose to annoy the officer. Perhaps many of you are used to seeing such rudeness in movies and such and think its acceptable. I don't. I think this man should be charged with assualt (an assualt doesn't always mean physical contact, verbal assualt is a crime also). Do you get cursed, spit on, hit while doing your job? I bet not. But police do and its time they fight back. Give this drunk extra time for gas. He deserves it.

Posted by: hes not a victim on Sep 25, 2008 at 09:18 AM
the guy is a repeat offender "Asked if he fanned the fetid air toward the officer, Cruz admitted that he did, but said it was in retaliation for the cop insisting he take a breath test while he was having an asthma attack. "I said, 'Here, put that in your Breathalyzer," he recalled. Cruz, who works as a boilermaker, said that he has been arrested more than a dozen times, including twice previously for drunk driving. After posting $500 bond, Cruz was released this morning from a Charleston jail where he had been held on the misdemeanor charges."

Posted by: Bill on Sep 25, 2008 at 09:17 AM
Ok... the guy farts on a cop and gets charged with BATTERY!!! Man what has this world come to?

Posted by: John on Sep 25, 2008 at 09:14 AM
While the DUI charge is serious and should be addressed, the battery charge is clearly ABUSE of authority by the cop. This may be funny but it actually scares me that law enforcement is allowed to be so aggressive. Personally, I think the cop should lose his job for making such a charge. Battery charges should be used when there is an actual battery committed. "Smell" is NOT physical contact. The cop should go to jail for the charge of "wrongful charge" and abuse of authority. Even though the DA probably will throw out the battery charge against this guy, it never should have been made in the first place. Where is the accountability? How are we supposed to respect Law Enforcement when they commit such stupid and abusive acts? Yes, the story is funny but the underlying implications are not funny at all. Yes, farting can be rude. But it is not illegal and it is certainly NOT battery, nor is it a felony (A charge that can ruin your life because of the severity in its record).

Posted by: Richard on Sep 25, 2008 at 09:12 AM
To the one called Grossed out ghrow up and get a sence of hummer

Posted by: Art on Sep 25, 2008 at 09:12 AM
That is the dumbest thing I have ever heard, now it is a crime to fart? Dui I agree with, so when will a court decide that bodily functions are criminal...give me a break. There are bigger criminals to catch than farters.

Posted by: SANDY on Sep 25, 2008 at 09:06 AM
You show me a person that does not pass gas one time or another and I will show you a person that has not enjoyed a good meal especially where beans are included....

Posted by: Leanna Ellis on Sep 25, 2008 at 09:06 AM
The strange thing about this case is that there are far more serious events happening in the news and because a Police Officer has a power struggle, we put all of our attention to a man who otherwise needs to be in jail for a long time anyway. We need to be more concerned about the possibility of another Depression and what about those poor children who were abused? Sure, it's more entertaining to laugh and joke about a man who passed gas on an Officer, but in my opinion, we need to worry more about our financial stability and serious news events and let the Cops worry about what to do with this man. He will be in prison for a while anyway, what is three extra months for passing gas, and that's if it isn't dropped.

Posted by: Eugenia on Sep 25, 2008 at 08:59 AM
I did the same thing and was charged with battry but did not get the noteriety

Posted by: Connie on Sep 25, 2008 at 08:59 AM
And they're bragging about it? They should just slap him around a few times like they do here in Italy.

Posted by: too much on Sep 25, 2008 at 08:58 AM
I fart when I get nervous. If I were being arrested for something, I would get really nervous. I better never get arrested for something, I'll end up with 100 years fro the multiple battery charges alone.

Posted by: Bob on Sep 25, 2008 at 08:53 AM
Sounds like a lot of hot air to me. Cops are sounding less like law enforcement and more like whiny little babies nowadays

Posted by: brewtus lebee on Sep 25, 2008 at 08:49 AM
This could set a very bad precedent. Wives all over America will have new legal reasons for marital acrimony.Where,when,and how you beef is a time honored art form that should be constitutionally protected.For some people this is their only way to express their true feelings about the situation they are in. I say GOD BLESS AMERICA

Posted by: Bob on Sep 25, 2008 at 08:48 AM
They charged this man with battery? Sure, maybe he raised a stink, but won't they have to prove he wasn't just farting around?

Posted by: liz on Sep 25, 2008 at 08:47 AM
Did u guys read the criminal compliant that tells exactly wht happened? He purposely farted on the officer and then wave his gas towards him. you know this was not an accident if u read that.

Posted by: Tracy on Sep 25, 2008 at 08:42 AM
Well, let's see. The man was arrested for being drunk for starters! What do you expect? The office was just pissed off. The battery charge is stupid. GO AFTER THE "REAL" criminals & stop wasting tax payers dollars.

Posted by: Jennifer on Sep 25, 2008 at 08:42 AM
This is just another example of police useing authority against the people. THis officer was not harmed from a fart! Ok, then my kids can press charges on people for farting on them at school because that harms them!!!!!!!!!!!!!!!

Posted by: Helm on Sep 25, 2008 at 08:39 AM
I think it's funny... Get 'em Jose!

Posted by: MIKE on Sep 25, 2008 at 08:34 AM
Ok as I understand the law, any police officer can use equal force to subdue a criminal, the next time this happens the officer should inform the alleged criminal............................STOP OR I'LL TOOT.........

Posted by: iheartperez on Sep 25, 2008 at 08:33 AM
WooHoo! This made Perez Hilton's site, too!!!

Posted by: MIKE on Sep 25, 2008 at 08:27 AM
Does anyone know the answer to this question? If my wife passes gas on me. Have i ben Assulted?

Posted by: Brian on Sep 25, 2008 at 08:23 AM
Must be a crime free area for those losers to push this issue. Get alife copper and do your job!!!!!!!!!

Posted by: Sophie on Sep 25, 2008 at 08:23 AM
Can you imagine a nurse writing in a patient's chart that the patient commited battery on her because the patient passed gas? What is this policeman's problem? The question should be, "will the judge allow this battery charge to go forward". This policeman needs to re-think his vocation.

Posted by: luther on Sep 25, 2008 at 08:16 AM
The man was just voicing his feelings of being arrested. I think it was well spoken for a hair lip. Then again, he might have just been talking out his arse.

Posted by: Carl Rispettoso on Sep 25, 2008 at 08:12 AM
He can't be charged for an uncontrollable bodily function.

Posted by: Melinda Hester on Sep 25, 2008 at 08:11 AM
FIRST THE DUCT TAPE BANDIT; THEN THE STAPLE GUN ROBBER; AND NOW WE HAVE THE INTOXICATED FARTER. LOOKS LIKE WE'LL MAKE THE NATIONAL NEWS AGAIN. YEAH!

Posted by: Stupid on Sep 25, 2008 at 08:10 AM
Guys I know alot of us are laughing about this and people are turning red over it. However I wish they would realize yes the DUI is serious and he should have been arrested for that but the rest of the complaint is simply stupid. I'm a woman that works with all guys and people pass gas. It don't smell like roses but its a fact of life that EVERYBODY in this world does it. When you go to work in an industry where you are saving lives or arresting people things like this happen. Expecially when you have a person who is drunk. I just think its really stupid. This cop signed up for a job where you get shot at and everything else but a simple phart offends him. What is up with that?

Posted by: Malissa on Sep 25, 2008 at 08:07 AM
My Dad called me this morning and told me about this. I think that it's crazy that a cop would even think of pressing charges on something like this. So does this mean I can press charges on my brother everytime he runs us out of the house w/ his bad stink?????? Come On! Let's worry more about the real crime out there!

Posted by: Dave on Sep 25, 2008 at 08:04 AM
Someone help me!!!! If doing that is battery then I must be suicidal.

Posted by: Stinky McStinkbomb on Sep 25, 2008 at 08:00 AM
I'd say this guy should be sent to the gas chamber for his crime, but oops, he's already been there!

Posted by: Mary on Sep 25, 2008 at 07:58 AM
The fart heard 'round the world.

Posted by: New Game on Sep 25, 2008 at 07:46 AM
This is too much officer Parsons should be commended he has put a whole new spin on the game of cops and robbers and it is already taking effect just this morning while dropping my kids at school I saw a group of young boys running wild through the play ground hike their legs and with hands in armpits making farting sounds yelling take that copper one young boy has a pretty mean machine gun sound and they was calling him Cruz Oh the memories of more carefree days that came flooding back but some old school marm had to break up the fun and i swear i heard one of the kids say they had been Parsonsed

Posted by: Stinky on Sep 25, 2008 at 07:38 AM
...this is ridiculous I think the cop had something against him...just because he got called out during chilifest...

Posted by: Anonymous on Sep 25, 2008 at 07:28 AM
Wow! If the judge is at all competent he will immediately dismiss the charge with extreme prejudice. Then jail both the officer and the prosecutor for comtempt of court. No court should ever tollerate such an obvious frivolous abuse of position.

Posted by: Prim Ann Proper on Sep 25, 2008 at 07:22 AM
How horrible this must have been for the officer I hope he is ok and will not suffer any long term damage and I do hope the Charleston force will see to it that he gets any expert help he needs in getting through his ordeal.I cannot imagine the terrible stress he must be under just think off the nightmares he will have on soup bean night at the local church and with fall coming on and all those chili cook-offs coming up the falshbacks are sure to overwhelming he could actually have a mental breakdown so maybe he should be put on paid leave until spring time when everything is so sweet smelling to protect him and the citizens would want someone to get shot until he has been evaluated and deemed safe and stable

Posted by: brownbandit on Sep 25, 2008 at 07:20 AM
the cop should be used to that smell,being around the jail and all....abuse of authority, all it is...wonder if he measured the skidmarks after the incident occurred?

Posted by: James on Sep 25, 2008 at 07:16 AM
ACT OF HEROISM! While getting a cup of coffee this morning, I let out quite a loud, large, pre-meditated and odorous blast. Having a clean criminal record and contemplating possible outcomes, a decision was made to protect all innocent personnel. I was able to put up barriers and warn all oncomers of the situation (while in danger myself) and therefore diverted a major and possibly catastrophic situation. Isn't this an act of HEROISM? I think a commendation is in order.

Posted by: James on Sep 25, 2008 at 07:14 AM
I think we have all been in this embarrasing situation, and think it is a gross missuse of authority by the officer.

Posted by: MIKE on Sep 25, 2008 at 07:09 AM
It is a well known medical fact that holding in the big one WILL cause cancer. The real question, though, did the defendant bark it on purpose or was it a simple, healthy and natural preventative health move?

Posted by: BillB on Sep 25, 2008 at 07:09 AM
To Mark on Sept 24 at 9:23 PM: I'm from Ky and I'm glad this happened in W.V. I think this beats the duck tape bandit so now we don't look as stupid in Ky.

Posted by: David on Sep 25, 2008 at 06:59 AM
So, what's next....Assault for bad breath? Rude maybe, but cops should expect a little unpleasant behavior in their line of work. This guy needs a desk job.

Posted by: .kom on Sep 25, 2008 at 06:51 AM
Battery implies someone struck the other.. maybe the smell struck the officer in a bad way, but charged with battery for farting? sounds.... POLICE STATE!

Posted by: excuse me on Sep 25, 2008 at 06:49 AM
my wife said if that is a case, i could be charged with attempted murder!!

Posted by: Vernon Thompson on Sep 25, 2008 at 06:47 AM
Please, give me a break. I agree that what Jose done may have been a little rude,but that does not deserve a battery charge. I think that if that officer is that fragile,he needs to find a new job.

Posted by: beanlover on Sep 25, 2008 at 06:44 AM
sounds like a real Barny FIFE wonder what Andy would say

Posted by: Heather on Sep 25, 2008 at 06:44 AM
I couldnt believe this story this is the most rediculous thing I have ever heard of.Everyone passes gas it is normal and for someone to be charged with battery for passing some gas is just absurd. What has this world come to when you get charged for passing a little gas with odor or without odor.This has to be the silliest story I have heard of.Come on even cops pass gas. Just charge him with the DUI and drop the battery charge cause I think that is going to get a laugh in court..

Posted by: lindsey on Sep 25, 2008 at 06:40 AM
Dosent surprise me none.the justice system is a joke, good thing he wasent arrested in jackson county.they would probaly lock him up and throw away the key!THE JUSTICE SYSTEM SUCKS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted by: To Grossed Out on Sep 25, 2008 at 06:23 AM
I don't think it matters where you are from,everybody farts INCLUDING YOU!! So please quit acting like you are above this because you are not....not everyone in WV,KY,and OH are stupid thank you ..I get so sick of hearing people down us because of where we live!!!!!!!!!!!!!

Posted by: Tonda on Sep 25, 2008 at 06:20 AM
This made national news. It is on msnbc.com. Now that's funny.

Posted by: Mike on Sep 25, 2008 at 06:08 AM
g: I wouldn't call the cops in most large cities. They are a joke. When they're not being criminals themselves, that is.

Posted by: Jennifer on Sep 25, 2008 at 06:00 AM
Again, let's focus on the DUI. Those are the driver's we need to keep off the road. I hope Cruz gets the max punishment for the DUI. 2nd)Cruz was uncooperative; i.e. removing his seatbelt while in the police cruiser, and again when he had to be "pushed" to sit in a chair while being processed; 3rd)he intentionally "chose" to be further disrespectful towards an officer of the law by walking up close enough to lift his leg and blowing a strong smelling fart towards the officer. Not only was Cruz's fart disrespectful, foul, and completely inappropriate, it is a fact that if someone farts near another person, microscopic fecal matter is emitted along with farts,& anyone close by will have those microscopic fecal matter particles in their nose hairs,which is not only gross, but could be harmful to ones health, so Cruz did commit battery as defined by the law. Whether or not one finds farting funny, there is a time/place for everything,& this was not a time for farting. DUI is CRIMINAL!

Posted by: John on Sep 25, 2008 at 05:48 AM
I always knew an officer needed this skin, but I seems now they need nose plugs. Officer must always deal with insults and show themselves to be the better man not petty.

Posted by: Piffy LePue on Sep 25, 2008 at 05:06 AM
I think the Chilifest comment was the best. Thanks Phil, I laughed so hard, I accidently battered the whole family.

Posted by: g on Sep 25, 2008 at 04:45 AM
hey thisiscrazy u say cops are a joke, but if someone was breaking into your house in the middle of the night you would call the cops to come and protect you. so do everyone a favor, if someone does break in to your house or if you ever need cops don't call them. there a joke right?

Posted by: anonymous on Sep 25, 2008 at 04:08 AM
This is a joke! Even police pass gas,sometimes you can't stop it when it happens,we are all human! I hope this does not offend anyone that reads this article that has a medical condition that causes this problem.Please overlook the people involved and stupid statements!

Posted by: Granny on Sep 25, 2008 at 03:38 AM
Good grief...wanna figure how many times I've assaulted someone? Obviously I was never in proximity of a law officer...I am still on the lamb...they must be closing in though. I am sure I heard a siren a little while back...or might I have set something on fire with my last methane blast. We old folks can't help ourselves; perhaps the inebriated can't either?

Posted by: Anonymous on Sep 25, 2008 at 03:06 AM
MABLE THEY SHOULD WERE A GASE MASK.MABLE HE CAN NOT HELP IT ..... IT SOME TIME JUST COME OUT WE ALL DO IT EVEN THE RICH AND FAMOUS

Posted by: Don on Sep 25, 2008 at 03:00 AM
No more chili at the policemans picnic. I would not want anyone to get hurt. No wonder you guys are not astronauts.

Posted by: Kathy on Sep 25, 2008 at 02:52 AM
Please do not get me wrong a DUI is a serious crime but then to charge him with battery. This guy might have moved forward without conscious though. I don't know if he was being disrespectful to the badge or if he was just plan drunk. The officer I don't think used proper judgment.

Posted by: Anonymous on Sep 25, 2008 at 02:23 AM
So freedom of speech does not include anal-linguistics? Perhaps he was trying to tell the officer something in flatulent morse code because in his drunken state he could not verbalize his thoughts?

Posted by: mark_square_pants on Sep 25, 2008 at 02:19 AM
Unless the flatus attack was a wet one which sprayed on the officer's skin, olfactory assaults from rectums are not legally recognized as battery.

Posted by: della on Sep 25, 2008 at 02:03 AM
i think farting on someone is about the same as spitting on them, it's disrespectful and disgusting, last time i checked spitting on somebody was simple assault.

Posted by: Phillip on Sep 25, 2008 at 01:54 AM
He should get the death penalty. Send him to the gas chamber. LOL!

Posted by: skip on Sep 25, 2008 at 01:53 AM
This criminal assulted an officer of the law and should be prosecuted to the fullest extent of the law. How would you like someone to crap in your face and laugh about it. This criminal should be put under the jail.

Posted by: itsamidemeanor,notafelony on Sep 25, 2008 at 01:51 AM
people are acting like the guy was charged for the fact that he farted but its because he tried to do it on the guy,and in an interview the guy did with thesmokinggun.com he even says that he did it on purpose. the guy might as well have spit on him. 61-2-10b(c)- any person who unlawfully, knowingly, or intentionally makes physical contact with a police officer or other law enforcement, is guilty of a MISDEMEANOR. NOT A FELONY. had it been assault then it would have been a felony

Posted by: D on Sep 25, 2008 at 01:51 AM
Patrolman Parsons' career will always be defined as the guy who got farted on and was dumb enough to make a silly charge of battery against his supect. Furthermore, as stupid as the officer's actions were, he'll be further scolded as being the person who brought more embarrassment to this state since the Drudge Report picked up this story.

Posted by: Phil on Sep 25, 2008 at 01:22 AM
stay away from downtown during these chilifests IT IS A POLICE STING OPERATION!!

Posted by: Gatz on Sep 25, 2008 at 01:18 AM
Respect the badge. The USA is too easy on drunkards - it is no excuse for disrespect. Drink excessivly in your own home, get a friend to drive you, or hail a taxi. It was some punk risking people's lives - this is going to teach him something. The courts are going to dismiss it.

Posted by: wb on Sep 25, 2008 at 01:17 AM
the officer should have gave mr cruz the paper to wipe on insted of charging him....that would have not been a waste of paper...lol....

Posted by: Heather on Sep 25, 2008 at 01:17 AM
i actually know this dude...haha

Posted by: Gabe on Sep 25, 2008 at 01:14 AM
Drunk driving. He kills me, my wife and my child. And people are complaining about him farting on a cop. Is this now funny, and is the cop, being a whiner while media and low-lifes complain of brutality when these brave cops put their lives on the line to enforce laws to protect decent people. Whoever is in defense of this idiot really needs to check their values.

Posted by: wildboar on Sep 25, 2008 at 01:07 AM
this made rotten .com also...lol...it must have a bad one ....or agood one ..depends on how you look at it !!! smell ya later ....hope not,roflmao

Posted by: Grossed out on Sep 25, 2008 at 01:06 AM
You may think it is funny , but I am not from "west verginye" I think it was ver disrespectful and all ya'll do is make fun of your cops. I think he should get some time to sit in jail and let the other inmates turn there behinds on him and do the same. He isn't just the nasty one , I wouldn't appreciate someone turning toward me and then taking their hand and fanning in toward me, that is disgusting

Posted by: dead horse on Sep 25, 2008 at 01:06 AM
For being drunk he had pretty good aim.

Posted by: ben on Sep 25, 2008 at 01:05 AM
This seems kind of silly, but the nurse who thinks cops are a joke should call "the gasman" if she is ever the victim of a crime or a traffic crash, and see how far that gets her.

Posted by: Anonymous on Sep 25, 2008 at 01:00 AM
are you freaking kidding me...this crap is on perezhilton.com ... hahaha. classic.

Posted by: Tj on Sep 25, 2008 at 12:58 AM
That officer has poor self esteem.

Posted by: West Virginia Proud on Sep 25, 2008 at 12:52 AM
DUI I get that, passing gas, body function get over it everyone does it, Making fun of WVa That just shows that there are still stupid people in the world and the rest of us have to get over that

Posted by: Anon Batterer on Sep 25, 2008 at 12:39 AM
I guess that makes me a criminal

Posted by: Sharky on Sep 25, 2008 at 12:29 AM
I commited two felonies just while reading this article. Oops...three felonies.

Posted by: respect on Sep 25, 2008 at 12:29 AM
the point here is this person used this as an insult to the officer. note: he moved close to him before letting off gas. he needs to learn a lesson in respect as do a lot of you jerks.

Posted by: thisiscrazy on Sep 25, 2008 at 12:21 AM
Ok....I realize the cop was probably irritated about this but honestly to file charges on battery seems a bit much. Im a nurse.....i've been crapped on...now top that. I can't claim battery....even when their confused and they do it on purpose to make you mad. Cops are a joke and this is yet another example of their abuse of power.

Posted by: Stephen B on Sep 25, 2008 at 12:21 AM
Do we charge our kids for pooting and laughing about it ? Only in West Virginia can a phart become an assault. Its an absolute joke and any judge that lets it stand should be disbarred

Posted by: Litz on Sep 25, 2008 at 12:17 AM
Did the officer have evidence to prove the "assault"? Anyway, I shall finally turn myself in after years of domestic assault. Of course I'm bringing in an evidence bagged in a Ziploc with me.

Posted by: Anonymous on Sep 25, 2008 at 12:13 AM
beer makes me fart too buddy ! hang in there

Posted by: DC on Sep 25, 2008 at 12:05 AM
The guy's lucky he wasn't tased.

Posted by: April on Sep 25, 2008 at 12:02 AM
I think the point is that he moved closer to the officer. You people are on here defending person who is charged with DUI, you should be thinking this officer for keeping him from killing one of you or someone you love.

Posted by: Trish on Sep 24, 2008 at 11:51 PM
anyone who had already dealt with an obnoxious drunk for as long as those officers had, would react negatively - the drunk man *made a concerted effort* to spread his *odorous displeasure* on that particular officer...it wasn't an innocent gas passing like some of you are insinuating - the man moved 4 feet to *share it* with Patrolman Parsons. I think the prisoner is lucky the officer didn't react physically.

Posted by: Laughter is the Best Medicine on Sep 24, 2008 at 11:49 PM
C'mon peoeple don't get your bowels in an uproar, too. I'm glad they got another drunk off the road, but (no pun intended) what he done after they arrested him was uncalled for, shows how much of an idiot he is, now he will be embarrassed as to what he did. It is no one's fault except his own, but he has given everyone a good laugh at his own expense. I'll bet that everyone that has been here reading these comments and getting a good laugh has forgotten (at least for a little while) how bad things are in the real world. Just remember: Laugh and the world laughs with you, Weep, and you weep alone; For the sad old earth must borrow its mirth, But has trouble enough of its own.

Posted by: MeAgain on Sep 24, 2008 at 11:49 PM
Here's a good one.....New fule source discovered in Charleston WV! After the arrest of Jose Cruze on DUI charges....officials discovered a new low cost fule source when Mr. Cruze passed gas. Officials say it appears that the combination of re-fried beans and beer produce significant unlimited and low cost fuel source for heating and other purposes. The downside is the pungent odor produced as a side effect. Some witnesses say the odor is offensive. LMBO

Posted by: Roger on Sep 24, 2008 at 11:49 PM
It was entrapment I tell you, in the process of taking his prints, the officer pulled his fingers multiple times. No one should be expected to hold back that long! Carlos Mencia should represent him in court!

Posted by: SmellyButtsWife on Sep 24, 2008 at 11:45 PM
I can NOT believe what I just read. A guy is charged with battery for FARTING? What is this world coming to? If you want to have some real fun, go to fartsurvey.com a funny and interesting site!

Posted by: Keller on Sep 24, 2008 at 11:44 PM
The great thing about this is that our laws say that actually is assault on an officer. If SOME PEOPLE would learn the law, they would know that the Patrolman was in the right, and that Mr. Cruz was already in enough trouble. Don't provoke a police officer who's trying to process you as fast as possible, and he won't be forced to use your stupid actions against you. "Anything you say and do can and will be used against you in a court of law."

Posted by: S.Smith on Sep 24, 2008 at 11:43 PM
I can see Mr Cruz at his next job interview when asked why he circled yes for felony and ask to explain.I hope its not me lol

Posted by: Jason on Sep 24, 2008 at 11:41 PM
Would it be an additional battery charge for asking to pull the finger.

Posted by: Gassed Out By Husband on Sep 24, 2008 at 11:37 PM
My husband always says " Better Out Than In"

Posted by: melissa on Sep 24, 2008 at 11:35 PM
i think if the man had to fart so be it. obviously he was drunk an when u drink u tend to get gassy trust me i know.so i think this whole thing is dumb but real funny.

Posted by: Nicole on Sep 24, 2008 at 11:30 PM
That is the craziest thing I have ever heard! "It was very odorous" That cop needs some help. Was farting on him rude? Yes of course. But not enough for criminal charges. This poor man is going to serve jail time for a fart?!? No way. My advice for that cop, next time instead of causing a big hoop la, roll down your window. SHEESH! I know we need to conserve gas but this is a tad ridiculous!

Posted by: Mama Pat on Sep 24, 2008 at 11:30 PM
To Michele......the other tv stations reported about this too...it wasn't just WSAZ.

Posted by: Mike on Sep 24, 2008 at 11:29 PM
As pro LEO as I am...I still find this funny! The charge will be dismissed. The guy was drunk (DUI, HELLO) therefore he had no control over his actions, while in protective custody no less. LMAO.

Posted by: teresa on Sep 24, 2008 at 11:27 PM
man that really stinks!!! i hope that someone gives him the bomb back. and in a lot of ways.

Posted by: Mr. Ed on Sep 24, 2008 at 11:27 PM
I bet the officer that filed the complaint will never hear the end of this one! Sounds like something a rookie would do... I hope he feels better...... Cruz managed to push the right button on the officer or the officer pushed the right button on Cruz! Either way you look at it, poor whittle officer felt threatened by a whittle whisp of stinky air! How does he respond to real threats? Maybe like the officers in California that beat on the beaners along the highway for not getting out of the truck fast enough,then say they resisted! Good thing that they were cought on tape! By the way! My younger brother is an officer in Ohio and I do feel for officers that enforce the law the way it was intended. Just my 2 centavos

Posted by: Heftyone on Sep 24, 2008 at 11:26 PM
Here I set on my pooper, I think gave birth to a West Virginia State Trooper....

Posted by: Only in Wva on Sep 24, 2008 at 11:24 PM
Well it seems we will be the laughing stocks of the US again and to think that all lawmen in the state will be seen as just as ignorant as normal citizens really says a lot for our image.To think there is not enough real crime to fight and serious cases to be heard in court even to file this is just plain idiotic yes the man should go to jail for dui but to even submit a charge for a drunk farting shows how over inflated these officers egos are and then they wonder why people dont respect them this is childish to say the least and any judge that would waste the tax payers money hearing this should be disbarred and if a prosecuter files this charge he should be gotten rid of we need to demand better for our money than this grade school like pettiness

Posted by: Dave on Sep 24, 2008 at 11:23 PM
Sweet heavens! If there ever was a case for police brutality, this is it! Stupid red-neck cops.

Posted by: mary on Sep 24, 2008 at 11:15 PM
that is the most stupid story i have ever heard, i sure that gas stunk but who dont pass gas at least they got another drunk off the street

Posted by: J.E.N. on Sep 24, 2008 at 11:14 PM
I think the DUI charge is fine but the other is a waste of court room Time. I' can't belive the prosacuters office Has extra time to waste filing papers over this type of thing.

Posted by: Bobby on Sep 24, 2008 at 11:14 PM
maybe he should have saved the gas for his car (what with the price of gas now-a days...

Posted by: John on Sep 24, 2008 at 11:11 PM
If he would've done that a cop in any other country in the world, he would've gotten his rear end kicked to the point to where he'd be unrecognizable to even his mother. Got to love America.

Posted by: Mary on Sep 24, 2008 at 11:08 PM
What is going on? EVERYONE farts- Kids, Moms, Dads, Grandfolks, Presidents, First Ladies, EVERYONE- i'M 70 AND IT IS STILL SO FUNNY TO ME-- GET A GRIP!!! FART BACK

Posted by: Lisa on Sep 24, 2008 at 11:07 PM
Give me a break! The guy was drunk and was mad because he was arrested, they can't get him for battery. So the officer had to smell it for 4 seconds, big deal. It's not like the guy battered the officer. There are some decent officer's out there, however a lot of them think that they are GOD!

Posted by: Donna on Sep 24, 2008 at 11:06 PM
If people insist on insulting West Virginia, please look up how to smell it first, its not west vergina, VIRGINIA... huked on foniks werkd fur me.

Posted by: Keith on Sep 24, 2008 at 11:02 PM
Hey why not they are trying to send people to prison over a rock and now they are trying to send them for passing gas what is next smelly socks land you in prison

Posted by: pam on Sep 24, 2008 at 11:02 PM
Okay, The whole point is he is getting charged. What is the united States coming to.

Posted by: GP on Sep 24, 2008 at 11:02 PM
has any of the officers involved ever passed gas when friends or anyone else was near? if so BOOK EM

Posted by: kim on Sep 24, 2008 at 10:57 PM
i cant much blame the officer for the charges..have any of u ever smelled a beer fart? it will gag u!!!

Posted by: Boudreaux on Sep 24, 2008 at 10:56 PM
Gives new meaning to the term "dirty bomb" doesn't it?

Posted by: D-Money on Sep 24, 2008 at 10:54 PM
Its better to burp and taste it, than fart and waste it!...proud to be a WV citizen, where the only news headlines are "WV is the highest tooth loss in the nation", and now"man passes gas and gets charged with battery on a weenie officer"...come on! holla!

Posted by: Zackfromcharleston on Sep 24, 2008 at 10:49 PM
I love that guy! ha ha ha Is SCPD to good to be around people who pass gass ha ha ha who died and made that officer king ha ha

Posted by: Rob on Sep 24, 2008 at 10:49 PM
Beans, Beans they're good for your heart, The more you eat the more you fart, The more you fart the better you feel, Eat them beans for every meal!

Posted by: Anonymous on Sep 24, 2008 at 10:42 PM
being drunk is not a excuse to be an idiot

Posted by: Anonymous on Sep 24, 2008 at 10:40 PM
are you kidding me hahahahaha go him

Posted by: Lisa on Sep 24, 2008 at 10:36 PM
These comments are killing me...I haven't laughed this hard in a long time.

Posted by: Flatulencia on Sep 24, 2008 at 10:36 PM
Don't gas me, BRO!

Posted by: nathan on Sep 24, 2008 at 10:35 PM
i wonder if he will get sent to the gas chamber for this crime. will taco bell send him to jail. hahahaha

Posted by: larry on Sep 24, 2008 at 10:32 PM
Only in West Virginia.What else can we be put on the news for?

Posted by: Kim on Sep 24, 2008 at 10:30 PM
Wow..I'm a battered wife and didn't even know it! This story even made fox news..how embarrassing..one more reason to be glad I don't live in WV!

Posted by: BigBob on Sep 24, 2008 at 10:28 PM
That's one way to raise a "stink" in your community!!

Posted by: Gaseous Maximus on Sep 24, 2008 at 10:27 PM
Woops, guilty...

Posted by: mark on Sep 24, 2008 at 10:27 PM
that is so stupid,i'm sure not a single officer ever passed gas before!!they probable chase each other around the station to pass gas on one another!!this just goes to show what we are paying for.they need to get real criminals but maybe the cop felt this was safer wear a gas mask next time loser!!!!!

Posted by: BobK on Sep 24, 2008 at 10:25 PM
Remember the "Hostess Twinkie" defence in a murder trial years ago? I think it worked too. Now we'll have the "Macho Bean and Cheese Burrito" defense. The jury will ask to make a field trip to the local Del Taco. That or he'll say "It wasn't me! It was the a**hole behind me!". Nobody is responsible for their own behavior anymore.

Posted by: Jeff on Sep 24, 2008 at 10:24 PM
If this is battery, we have too many laws. One more example of how we're becoming a police state. Stalin would be proud.....

Posted by: Dave on Sep 24, 2008 at 10:24 PM
Well, pull my finger,we have a new felony on the books. As we all know battery on a police officer is a felony, what are they going call this one, felony flatulation?. I wonder if they will classify this felony charge by the degree of "stench" emitted by the "offender", pun intended. Cabbagge, beans, cheese and beer for everyone!, the new weapon of gas destruction,phtttttttt!

Posted by: Melinda on Sep 24, 2008 at 10:23 PM
I wish you would arrest my husband for that same thing. Instead of bread and water, feed him gas x and beano

Posted by: Hugh on Sep 24, 2008 at 10:22 PM
The cops were just doing there job! How would you like it if someone passed gas in your face!

Posted by: Bryan on Sep 24, 2008 at 10:20 PM
I am a soldier in the West Virginia Army National Guard. If passing gas is an assault charge, then I am indeed in need of a lawyer. BHB.

Posted by: Amazed on Sep 24, 2008 at 10:18 PM
Its amazing reading the anti police comments. So let me get this right. The cop (who is a person like you and I) really should be treated like an animal. We should be able to spit on him, fart on him and hit him and thats ok. But if a cop does anything to us. OH BOY Watch out.. Its brutality... Civil Rights Violation... How about CRIMINAL BRUTALITY!!! With all this disrespect, I dont blame cops when they deal out some good "street justice"

Posted by: Carrie on Sep 24, 2008 at 10:16 PM
I think Mr Cruz has caused a stinky situation. I hope it passes quickly.

Posted by: old on Sep 24, 2008 at 10:15 PM
this is so funny. I have never laughed so hard before. the poor guys stomach was hurting.

Posted by: Steve on Sep 24, 2008 at 10:11 PM
The reason he was charged was not just because he passed gas, but that it was an SBD (Silent But DEADLY)! 'Deadly' is the key word here folks. Deadly force with a gaseous substance. This guy is so screwed!

Posted by: Doodlemouse on Sep 24, 2008 at 10:08 PM
I'd like to know why politicians aren't also charged with battery, obstruction, and environmental crimes. They are full of hot air.

Posted by: Sorcha on Sep 24, 2008 at 10:06 PM
OK, Cop Shop, just how STUPID can you get?

Posted by: Anonymous on Sep 24, 2008 at 10:05 PM
Geez, actual battery!?! You have to be kidding. Yes, he did it on purpose; however, you have to remember he what he was arrested for. He was drunk! How many out there has ever been drunk, and totally knew what they were doing? It impairs more way than one. I think the officers pride was wounded more than anything else. Seems like there are too many Barney Fife's out there anymore.

Posted by: sabrina on Sep 24, 2008 at 10:02 PM
ha Cruz I vote we all get with you and go back to the cop and all at one time toot on him and see what happens....Cops like the one here is who gives all cops a bad name...but ha it is Wv so who knows maybe all the cops are related...all one big happy family who gets around the table and sees who can toot the loudest and the smellest

Posted by: goldie on Sep 24, 2008 at 09:59 PM
eww eww that smell, cant you smell that smell the smell of cruz around you. i somewhat remember that song

Posted by: peeeeyu on Sep 24, 2008 at 09:56 PM
how can you fart on purpose, i tried that oce and i soiled myself. so i think mr. cruz is innocent. if this goes to court how would they identify the guilty one? with a fatuelly sniffing dog. and is the cop gonna keep mr. cruz`s panties as eveidence, and if so will they pass them around for the jurors to get a closer smell. do not report for jury duty this next session

Posted by: sabrina on Sep 24, 2008 at 09:53 PM
so can we say if he is holding a child and they pass gas on him and it smells will he charge them for battery also? or if he is out shopping and someone passes gas will he charge them for battery? it sounds like the cop was in a bad mood and needs to get over him self

Posted by: Brooke on Sep 24, 2008 at 09:52 PM
This is ridiculous. Charging a guy with battery because he passed gas. That is a natural bodily function. I can't believe police would waste their time pursuing a battery charge against him, when there are more important things to worry about!

Posted by: smellar on Sep 24, 2008 at 09:50 PM
oooohhhh crap

Posted by: Sarah P. on Sep 24, 2008 at 09:49 PM
Ya know, that's par for the course. It's just goes to show how ignorant you rednecks are in WV.

Posted by: Jason on Sep 24, 2008 at 09:48 PM
The evidence has passed, the oder is now gone. No evidence for court. Just heresay. Or maybe, smellsay. lol

Posted by: Anonymous on Sep 24, 2008 at 09:45 PM
What next hazardous pay??

Posted by: Anonymous on Sep 24, 2008 at 09:42 PM
You have got to be kidding me ...I guess he was lucky he did not throw up in the back of the police car. He would have gotten life.

Posted by: SHAD on Sep 24, 2008 at 09:40 PM
He gased them, before they got him SO WHAT

Posted by: BobK on Sep 24, 2008 at 09:37 PM
Cops are going to have to get another testing instrument for the booking room. They have a breath analysis machine for blood-alcohol now they will need a air-methane tester with a as-yet to be developed scale of standards. That, or a seismograph and use the Richter Scale or a decibel meter.

Posted by: close call on Sep 24, 2008 at 09:36 PM
thats why you cant smoke while being questioned. could you imagine the explosion if mr. cruz was smokin

Posted by: Former WV Resident on Sep 24, 2008 at 09:33 PM
WOW..that shows where the taxpayers money is going. DUI, yeah arrest him for that but the rest..R U serious. I know now why I don't like law enforcement they have nothing better to do then to charge you for farting...What next crimes for rolling your eyes? Apparently it Stinks when you know your rights.

Posted by: Jerry on Sep 24, 2008 at 09:32 PM
Just remember, HE DID THIS ON PURPOSE, AND NOT BY ACCIDENT! There's a huge difference in someone accidentally plowing a car into you .. and someone purposely plowing a car into you.

Posted by: BobK on Sep 24, 2008 at 09:29 PM
Jose, he was angry. In fact he was "fuming" mad.

Posted by: Anonymous on Sep 24, 2008 at 09:28 PM
WARNING: The following stunts are either performed by an idiot or under the supervision of one.

Posted by: Anonymous on Sep 24, 2008 at 09:26 PM
wow. this story made it to perezhilton.com im so glad the nation gets this story as the picture of our area. fabulous.

Posted by: gas master on Sep 24, 2008 at 09:25 PM
my wife just passed gas on my face! i think that i will call the police and get her for domestic violence!!!!with a deadly weapon!

Posted by: BobK on Sep 24, 2008 at 09:24 PM
I'll bet "Sheriff Joe" in Phoenix doesn't have beans or cabbage on his inmates frugal menu for just this exact reason.

Posted by: Mark on Sep 24, 2008 at 09:23 PM
Put him behind bars with the duct tape bandit. They belong together!!!!!!!

Posted by: Hank on Sep 24, 2008 at 09:22 PM
Actually there is already legal precedence against this case. Refering to the groundbreaking '97 case The United States v. Arbuckle, it was ruled that "...he who smelt it, dealt it."

Posted by: BobK on Sep 24, 2008 at 09:21 PM
To paraphrase "Gas, Grass or Sass. Nobody gets a free ride in WV"

Posted by: James on Sep 24, 2008 at 09:20 PM
What's Next? "Bad Breath Brings Life Sentence". "Bum Gets Extra 5 Years For Dirty Underwear". Maybe we can charge the cops with "unlawful assault upon a civilian under color of authority" for the same thing? If a cop farts when giving you a ticket, can you scream "Aaargh!! Police Brutality!!"

Posted by: BobK on Sep 24, 2008 at 09:18 PM
You wait and see. Jose's underwear will be on ebay in no time. He's got something that will be as valuable as Monica's dress. I hate to even think what it's provenance will look like.

Posted by: Michael on Sep 24, 2008 at 09:17 PM
Quote: Posted by: Judy Sexton on Sep 24, 2008 at 06:41 PM I really hate what happened to the cop,but I don't feel it is necessary to tell it to everyone.Just another red-neck joke on the tri-state area.It is gross to bring this matter to the public.Some thing like this should be kept in the courthouse...not my house!!! This type of news stinks!!! I love WSAZ and you all do a fine job but, not this time. Thanks for listening.....Judy (end quote) The news doesn't stink, this man's fart did. :D News like this gives the public a release of tension and another keystone cop story all in one. By the way, Judy, please turn on the fan and spray, your doody stinks too. ;)

Posted by: olga villarreal on Sep 24, 2008 at 09:16 PM
I have read the comments;so funny;i have never laughed so hard.

Posted by: s on Sep 24, 2008 at 09:14 PM
This is great, so the next time I f@rt on my wife she can have me arrested for battery.

Posted by: LightenUp on Sep 24, 2008 at 09:10 PM
This stinks! It seems we've all gone a bit nuts.

Posted by: Bob on Sep 24, 2008 at 09:09 PM
Cavity search is scheduled for tomorrow. Protective gear had to be ordered.

Posted by: Tim on Sep 24, 2008 at 09:07 PM
My wife read this story and wondered aloud whether she can file charges against me. I hope this arrest doesn't create precedent, or else I'll be locked up for a long time!

Posted by: David Smith on Sep 24, 2008 at 09:07 PM
George, just in case you need a new idea, here it is!

Posted by: Fred on Sep 24, 2008 at 09:05 PM
Pigs will be pigs.

Posted by: tony on Sep 24, 2008 at 09:01 PM
If he is getting charged with assault, I would have been given the death penalty for killing an officer

Posted by: Jim on Sep 24, 2008 at 08:59 PM
Question? Would Mr. Cruz appreciate someone he doesn't know passing gas on him? I'm not a fan of cops but I am a fan of respect and like the old saying goes, don't play with fire and you wont get burned. People really need to start taking responsibility for their actions and stop crying when they get busted for doing something stupid. If you don't like the punishment get involved with you community & government instead of just complaining on a blog. No one put a gun to Mr. Cruz's head to make him do that and if you're gonna blame it on alcohol, that's why you shouldn't let yourself get drunk.

Posted by: nate on Sep 24, 2008 at 08:56 PM
you got to be kidding me, if anything they should have made the fine a little more. next it will be that you cant burp in public.

Posted by: Craig on Sep 24, 2008 at 08:54 PM
just last week our town passed an idle free car bylaw to curb the alleged green house gas. I said what is next, passing a cows can't fart by-law and my wife jokingly said pretty soon they won't let you fart. I said that day is coming, you just watch. Sure enough, here we are already today.

Posted by: sexy on Sep 24, 2008 at 08:54 PM
You know its something when the police can charge you for farting. WOW. What was he suppose to do hold it in. Oh no they charged him for leaning in on the officer and then farting. So he got charged for premeditated gas releasing. Darn I wonder what kind of time he's looking at. Maybe they will give him 5 to 10 and call him a pedophile

Posted by: Ironton,Ohio on Sep 24, 2008 at 08:54 PM
o.k. all you idiots taking up for this no good punk need to read the report!! if you still agree the officer is in the wrong i suggest you see a shrink, somebody slides his chair 4 or 5 feet across a room and farts on a police officer and we have fools getting on here and defending him that blows my mind....read the freaking report people... let alone the fact he was D.U.I. any other time you would be on here bashing the criminal i don't know whats up here!! THIS IS SAD!!!! to take the criminals side like this! I could go on but if you don't get it by now your not going to! SAD,SAD,SAD!!!!

Posted by: ODOREATER on Sep 24, 2008 at 08:54 PM
THE OFFICER SHOULD OF SMACKED THE MOROON. THERE IS NOT A PERSON ON THIS FORUM WOULD LIKE IT IF SOMEONE PURPOSELY GOT NEXT TO YOU AND EXPELLED THE PUNGENT ODOR OF HUMAN GAS NEXT TO YOU. YOU ARE A LIAR IF YOU DONT CARE IF SOMEONE DOES THIS TO YOU. THE MAN DESERVES TO BE CHARGED WITH THIS. THE OFFICERS GO THROUGH ENOUGH AS IT IS. I HOPE THE JUDGES SET HIM ON FIRE IN COURT.. SEND THE BEANER BACK TO MEXICO WERE HE BELONGS, THAT PLACES STINKS AND HE WILL FIT RIGHT IN.

Posted by: jess on Sep 24, 2008 at 08:54 PM
Whats sad is this battery charge prolly carries a longer sentence then the DUI. Drive drunk put others lives in danger and you will get several warning and tickets and fines. Pas gas and waft it towards the officer finger printing you, get a year in the pen.

Posted by: r u serius on Sep 24, 2008 at 08:54 PM
while getting finger prints? the officer should have know better then to pull his finger

Posted by: BOUDREAUX on Sep 24, 2008 at 08:52 PM
Based on the charge, I guess the old "dutch oven" warrants the death penalty

Posted by: Michael on Sep 24, 2008 at 08:51 PM
Okay, for all you cry babies whining about this guy's rights, let's find out if he's even a citizen first. If not, deport him. If so, then let's get a hold of the hypocrites that supposedly defend equal rights, but actually only work to take more and more rights away from the white male. To the cop that filed this complaint, are you that loser that reported kids in the hall that didn't stop to show you their hall pass??? GET REAL!

Posted by: booger on Sep 24, 2008 at 08:51 PM
the cop should have said mr. cruz your voice has changed but your breath still smells the same

Posted by: Chuck Shire on Sep 24, 2008 at 08:50 PM
You are kidding, right?

Posted by: Mark on Sep 24, 2008 at 08:50 PM
If I were his defense atty. I would ask the officer whether he ever passed gas around another person and if he thought it should be considered battery! One unfortunate occupational hazards with being a police officers are dealing with occasional drunks.

Posted by: Willy Brown on Sep 24, 2008 at 08:49 PM
WOW over 777 comments. That proves that no matter how old you are Farts jokes are still funny!

Posted by: Kentuckian on Sep 24, 2008 at 08:48 PM
Keep it up you west virginians. You all are so funny. What will be next? Can't wait!!!

Posted by: Bob on Sep 24, 2008 at 08:47 PM
That was the Mexican national anthem...

Posted by: susie on Sep 24, 2008 at 08:46 PM
did his fart smell like burritos and Bud Light?

Posted by: david on Sep 24, 2008 at 08:46 PM
did the officer capture it in a jar for the jury to smell at the trial? he may have a case after all.

Posted by: richard on Sep 24, 2008 at 08:45 PM
Well the battery charge might be for something else that happened. that is not being said

Posted by: Phil on Sep 24, 2008 at 08:44 PM
Phew, What was this dopey gas guzzlin sot drinking BEANO? I wonder if he shared any wiyh his new found friends in the drunktank lockup. I hope he saves some for the judge. Now that would be a real gas. This clown is a real hero. Too bad this Bozo didn't drink some pineapple juice along with the Beano then he could be tootin Hawaian music and everybody likes that. {8^D Phil

Posted by: Paul on Sep 24, 2008 at 08:44 PM
The cop forgot to charge him with causing global warming.

Posted by: Tom on Sep 24, 2008 at 08:42 PM
Well, Now you know why they are referred to as BEANERS! LOL, HOW FUNNY!

Posted by: Chris S. on Sep 24, 2008 at 08:41 PM
HE SHOULD HAVE GOTTEN AN FUI (FARTING UNDER THE INFLUENCE)AND REMEMBER KIDS FRIENDS DON'T LET FRIENDS FART DRUNK! HAHAHAHAHAHAHAHAHA!

Posted by: Perez Hilton on Sep 24, 2008 at 08:40 PM
This is now on www.perezhilton.com.

Posted by: Scott on Sep 24, 2008 at 08:39 PM
If anyone thinks they can do a better job with these idiots then become a police officer,(silence)yeah that's what I thougt!!

Posted by: gas man on Sep 24, 2008 at 08:38 PM
dam his gas must be killer

Posted by: Robin on Sep 24, 2008 at 08:37 PM
OMG, NO WONDER WEST VIRGINIA PEOPLE GETS MADE FUN OF....SO IF POILCEMAN PASSED GAS ON CRUZ COULD CRUZ GET THE POLICEMAN ON POLICE BRUTALITY

Posted by: Mark on Sep 24, 2008 at 08:36 PM
I think he was framed. The cross examination of the cop will great! Imagine this: "Officer, How do you know it came from Mr. Cruz. Exactly how much experience do you have in the field of f@art identification? Were you able to ascertain the particulate concentration? Is there a quantifiable threshold which, once exceeded, allows for the battery charge? If the suspect was subjected to the same battery on his person by way of proximity to you, did you render first aid or call for medical assistance? Please describe in detail how you determined the defendant passed gas and did not simply soil himself? Did you observe any staining or other deterioration of the defendant's undergarment? - This could go on and on. If I was this guys attorney I'd keep the cop on the stand for days.

Posted by: Sheila on Sep 24, 2008 at 08:35 PM
I thought this was a joke when I heard about it. If the Mayor does't step in and fire this Officer, He is a bigger joke Himself. A-holes like this is what give all cops a bad name.

Posted by: Anonymous on Sep 24, 2008 at 08:35 PM
Johnny you must be a cop or did you get gas passed on you.

Posted by: Anne on Sep 24, 2008 at 08:34 PM
I'm confused. The girl that got set on fire by her "loving" boyfriend gets charged with arson. This guy FARTS on a police officer and gets charged with battery. What's wrong with this picture?

Posted by: Toot Toot on Sep 24, 2008 at 08:31 PM
I guess the evidence is blowing in the wind.

Posted by: Danny on Sep 24, 2008 at 08:31 PM
I have lived most my life in WV. After eating pinto beans and a 12 pack of beer I Can make a room smell like two dinosaurs having sex in a cave.I realize now that I can let loose for self defence.

Posted by: Lisa on Sep 24, 2008 at 08:30 PM
The really funny part about this is that the officer commented on the smell in his report. If the toot had not been stinky, would the guy not be charged?? I can't stop laughing. This is too funny.

Posted by: Stinky on Sep 24, 2008 at 08:27 PM
The one who smelt it delt it!

Posted by: Billy Hill on Sep 24, 2008 at 08:26 PM
Well, our great state made national news again. Check out the story on Fox.com. I'm so proud to be just another dumb#$@ hill billy in the nations eyes. I can't believe the police didn't charge him with the Manufacturing of "Meth".

Posted by: Russell on Sep 24, 2008 at 08:24 PM
I generally have been a very strict beliver in the law enforcement and justice system however recent experence of a close friend leads me to change that. this is just another example of the law enforcments going over board.

Posted by: SUE on Sep 24, 2008 at 08:21 PM
I see a lot of battery charges being filed by fighting married couples now!!!! WHAT"S NEXT?????

Posted by: Hairy Herry on Sep 24, 2008 at 08:21 PM
I will remember this if the charge actually sticks and I'm arrested in WV. I'd hate to see what the charge would've been if Mr Cruz had urinated.. David, Your situation could have been fought on "Freedom of Speech" grounds, although the city or municipality could have well fought against it.

Posted by: stinky on Sep 24, 2008 at 08:19 PM
So, IF I FART ON MY WIFE IN BED WILL I GET ARRESTED for domestic assault.

Posted by: Anonymous on Sep 24, 2008 at 08:18 PM
Thats bloody Hilarious.

Posted by: Anonymous on Sep 24, 2008 at 08:16 PM
IF HE WOULD HAVE SNEEZED I BELIEVE HE WOULD HAVE BLOWED THE LINING OUT OF HIS A**,AND WOULD HAD TO BEEN TAKEN TO THE HOSPITAL TO BE SHIMNED.

Posted by: Dan on Sep 24, 2008 at 08:15 PM
"Jose Cruz"..wonder if he is an illegal...

Posted by: Monica on Sep 24, 2008 at 08:14 PM
Too funny!!! But I have to say if Parsons can't handle a "very odorous" fart then maybe being a police officer is a bit to high stress of a job for Officer Parsons.

Posted by: Mark on Sep 24, 2008 at 08:14 PM
This has got to be one the more absurd charges I ahve heard of and I have heard of a LOT of absurd charges. NOT GUILTY. Charge the officer with wasting the courts time and being stupid.

Posted by: jeani thomas on Sep 24, 2008 at 08:11 PM
poot burning anyone

Posted by: Anonymous on Sep 24, 2008 at 08:10 PM
OH! TALK TO ME OH TOOTHLESS ONE.

Posted by: robert on Sep 24, 2008 at 08:09 PM
he should be thankful he wasnt charged with"assault with a deadly anus".

Posted by: Woody on Sep 24, 2008 at 08:08 PM
I didn't know passing gas in the general direction of some one was illegal. I don't really care if the guy was illegal or not. If that is the case then I should be on the FBI's most wanted list. Should I go turn myself in to the local Police Department? That gives me an idea. I think I will come up with a filter so offensive smells are caught and dealt with so officers won't feel so threatened by flatulence. I can just hear the guy now "Up against the wall officer I am armed and flatulent." Get real!!!

Posted by: Bill Collector on Sep 24, 2008 at 08:05 PM
The officer should be charged the going rate of $3.99 per gallon.

Posted by: Tara on Sep 24, 2008 at 08:04 PM
Are we sure that the officer did not pull his finger??

Posted by: Red on Sep 24, 2008 at 08:02 PM
good thing he didn't sneeze

Posted by: David on Sep 24, 2008 at 07:59 PM
I gave a cop the finger after he was a complete jerk to me. A few weeks later another ticket came for 'illegal use of hand signals'. I went to court & the charge was dropped. It wasn't a smart thing to do, but it wasn't any better attempting to charge me for something completely without merit. This officer should be reprimanded for lack of judgement.

Posted by: Anonymous on Sep 24, 2008 at 07:59 PM
THE COP IS MAD BECAUSE WHEN CRUZ FLATUATED, IT PARTED THE COPS HAIR.

Posted by: Jack on Sep 24, 2008 at 07:54 PM
Talk to me sweet lips.

Posted by: Melissa on Sep 24, 2008 at 07:53 PM
HeHEHE

Posted by: Funny Guy on Sep 24, 2008 at 07:53 PM
This guy is going to be our D0uche of the Week winner on The Two Funny Guys and Ross Show. What an idiot! www.twofunnyguysandross.com

Posted by: Leroy on Sep 24, 2008 at 07:53 PM
Well I guess the officer heard the whistle and smelled the smoke

Posted by: grace on Sep 24, 2008 at 07:52 PM
I GUESS YOU BETTER CHARGES EVERYONE FOR A STINKY ODOR HAHA

Posted by: k on Sep 24, 2008 at 07:52 PM
kentuckey is getting a new zoo, were going to put a fence around west vergina

Posted by: Miss M on Sep 24, 2008 at 07:51 PM
I guess really was three sheets to the wind.

Posted by: Wilbur on Sep 24, 2008 at 07:49 PM
May the force of the burrito be with you!

Posted by: Anonymous on Sep 24, 2008 at 07:49 PM
HE KNEW WHAT HE WAS DOING WHEN HE PULLED THE TRIGGER.

Posted by: Tom on Sep 24, 2008 at 07:49 PM
And they give these clowns guns. We are in serious trouble.

Posted by: j on Sep 24, 2008 at 07:48 PM
So, it's against the law to fart in West Virginia?

Posted by: paula on Sep 24, 2008 at 07:48 PM
If a man farts in the police station and there's no officer to smell it, does it still stink??

Posted by: THOMAS on Sep 24, 2008 at 07:48 PM
NOW I'VE HEARD IT ALL: FELONIOUS FLATULENCE!

Posted by: Anonymous on Sep 24, 2008 at 07:47 PM
This dude is will end up on David Letterman or Leno after all of this.

Posted by: Anonymous on Sep 24, 2008 at 07:47 PM
If you gotta go you gotta go!

Posted by: Wayne on Sep 24, 2008 at 07:44 PM
News failed to report that this dummy is an Illegal alien. De beaner el stinko.

Posted by: Bob on Sep 24, 2008 at 07:43 PM
Yea, it's stupid and I don't agree, but the cops don't do the charging. Cops just makes arrests and sends the reports to the Distric Attorney's Office, who do the charging. It's their call, not the cop.

Posted by: Ed on Sep 24, 2008 at 07:42 PM
Although pigs, they can't stand the smell!

Posted by: Umberto on Sep 24, 2008 at 07:40 PM
Racial profiling! Beaners Unite!

Posted by: Anonymous on Sep 24, 2008 at 07:40 PM
Yes, James is gay.

Posted by: Rico on Sep 24, 2008 at 07:36 PM
That's what happens when you have a long night of drinking that ends at Taco Bell.

Posted by: Missy on Sep 24, 2008 at 07:36 PM
Okay, this is pathetic! I can understand him getting a DUI, no problem there...but obstruction for passing gas??!! The cops around here having nothing better to do...really! "Oh, let's go and hang out at Kroger's and then bust somebody for farting." It's ridiculous! All they worry about are their quotas, anyhow, but what they need to worry about is getting the rapists, child molestors, and murders off the streets! So cops, how about you worry about stuff like that instead of wasting our money for some guy who's going to sit in jail for a year for farting!!

Posted by: Anonymous on Sep 24, 2008 at 07:34 PM
This is hysterical... not the battery charge (that's just ludicrous), but the comments... very witty stuff

Posted by: Bob on Sep 24, 2008 at 07:34 PM
I've had Crohn's disease for almost fifty years. It's a chronic bowel disease. I was due to go on a nuclear submarine for 6 months,but was dischared from the Navy because they thought my gas would asphyxiate the crew. I once singlehandedly (buttedly?) emptied a bar due to incredibly foul gas. I probably should be covertly dropped in Tehran!...

Posted by: well on Sep 24, 2008 at 07:30 PM
i bet they set his bond at more than they did the parents of the three girls who were starved,locked in yheir rooms and stuff.....thats just sad

Posted by: Jose's #1 Fan! on Sep 24, 2008 at 07:29 PM
"Mr. Gas Me Not" should be very happy! He was given a free tank of gas while others have to pay top dollar!!

Posted by: Richard on Sep 24, 2008 at 07:29 PM
Well you heard the old saying that laugher was good for sick well it is true i was sick but after ready about Jose Cruz passing gas on the officer i started laughing so hard my promplem left and i was feeling just fine how stupid do you police officer havet to be you don:t have thing else to do well all the pelope should flood the court system if i had the same condition i whould not hold the gas back because it hurt you all have heard there more room out side then inside. what every was the officer name you should be asame of your self i guess you never pass gas in public if you say you don:t you are a big lair.

Posted by: leonard on Sep 24, 2008 at 07:29 PM
DUI? yes! The other charge should not have been more than 2nd degree B.U.I.: Blasting Under the Influence, or possibly: Premeditated Littering, or at worst: Disturbing the Peace Officer!

Posted by: Dan on Sep 24, 2008 at 07:28 PM
SWAT was diapatched to Rosie's Diner in downtown Huntington after the Chili Lunch special kicked in. Three officers were overcome after inhaling the noxious fumes and were take to the local hospital, where they were treated and later released.

Posted by: L on Sep 24, 2008 at 07:28 PM
All the answers to your questions found here at http://www.heptune.com/farts.html

Posted by: Lauren on Sep 24, 2008 at 07:28 PM
how lame is that!

Posted by: Anonymous on Sep 24, 2008 at 07:25 PM
ARE U SERIOUS??? GIMME A BREAK!!! THAT IS TOO FUNNY!

Posted by: jake on Sep 24, 2008 at 07:24 PM
The seriousness of the charge will always outweigh the actual crime. It all depends on what Cruz ate before he was arrested. The arresing officer said it was a very strong odor. Taco Bell is my guess, whew...

Posted by: Matthew on Sep 24, 2008 at 07:23 PM
It's not funny.

Posted by: Señor Francisco on Sep 24, 2008 at 07:23 PM
If my friend farts by or on me, Can I call the police and have him/her arrested for battery? What a waste of Tax Dollars.

Posted by: Anonymous on Sep 24, 2008 at 07:21 PM
WOO, TALK ABOUT BOMBS OVER TOKYO!!!!!!

Posted by: Jenn on Sep 24, 2008 at 07:21 PM
DEADHORSE..you better stop or I am going to be charged with assault and battery...hahahahahahhahahahahahaha

Posted by: joe on Sep 24, 2008 at 07:21 PM
what a joke! way to go CRUZ you r my hero

Posted by: Realistically on Sep 24, 2008 at 07:19 PM
Now come on people Mr. Cruz was trying to clearly be a Smarta**. Now you want officers to protect and serve but its ok if a criminal disrespects that officer. Any way maybe you should look at the definition of the law. Its a physical action committed upon a physical part of the officers body. Now be it his olfactory nerves Mr. Cruz will think twice trying to be a smarta** again.

Posted by: Michael on Sep 24, 2008 at 07:18 PM
Wait till Jay Leno hears about this!! If South Charleston needs to increase their number of arrests, they should conduct raids on firehouses. I work at a firehouse and I gotta confess, we are a bunch of serial farters. Do they have special dogs to sniff these people out?

Posted by: Chip on Sep 24, 2008 at 07:18 PM
I am shocked to find out that the human behind can be used as a weapon. I work in a jewelry store and I just found out that everyone coming into the store is armed. What do I do now? "You can come in but 'that' has to stay outside." Should be a great opening line. What about banks? Battery through a small slot. Aaaah. I had no idea I was sitting on a weapon. Should I be trusted with something that could batter an officer? What if it goes off for no apparent reason, will I go to jail? I think after this incident a lot of people will be careful where they aim that thing.

Posted by: Anonymous on Sep 24, 2008 at 07:17 PM
i really think this guy should get a lawyer, this is just stupid!

Posted by: OREO on Sep 24, 2008 at 07:16 PM
Fartin' around will get into trouble. Thanks a lot West Virginia, you just gave Leno and Conan some new material to work with.

Posted by: Don on Sep 24, 2008 at 07:14 PM
Well another stink raised in WVa, who'da thunk it. My he is really Vladimir's half brother Jose Putin.

Posted by: teledanny on Sep 24, 2008 at 07:13 PM
As much as the lazy law inforcment shove down their hole, they have sniffed plenty. get stuck at the stop light on corrider g Ashten Place, that is assualt.

Posted by: J on Sep 24, 2008 at 07:12 PM
Chilifest this weekend in Ashland, KY. Someone please invite Mr. Cruz to lead the celebration! Maybe a contest is in order with the Ashland Police judging.......

Posted by: Mike on Sep 24, 2008 at 07:11 PM
The younger cops of today amaze me. After thirty years we would only charge if we were bleeding more than the suspect.

Posted by: Andy on Sep 24, 2008 at 07:10 PM
The smeller's the feller where I come from.

Posted by: annomous on Sep 24, 2008 at 07:07 PM
I think this whole gas thing has been took too far. It is a natural thing to pass gas.

Posted by: jim on Sep 24, 2008 at 07:07 PM
Are you kidding me! I could understand if he would have pulled his pants down and done it, but my god no wonder 1 out of every 4 people are in jail or prison. If his sentence is increased over that, I think the judge, the cop, and the DA should be charged with wasting people's time and tax dollars. Wow. I guy I work with ripped one today and I swear he must have eaten a dead skunk. Maybe, I should have called the police because he violated my personal space. I have heard it all now. Whats next sneezing and coughing get you life?

Posted by: larry on Sep 24, 2008 at 07:05 PM
it's no wonder why the rest of the nation thinks so highly of west virginia.the police in that state are a joke..lol..

Posted by: Delmont on Sep 24, 2008 at 07:04 PM
James, your gay, aren't you?

Posted by: El Duke on Sep 24, 2008 at 07:04 PM
If it was silent but deadly would he be charged with murder?

Posted by: danielle on Sep 24, 2008 at 07:04 PM
I mean there is a lot of people that drive drunk around vhere and they claim someones life when they do that it makes no sense how they get license they should make i9t where you get tested befopre you drive there is a lot of innocent people i mean you could be walking or anything and bam something happens.

Posted by: Joe_Citizen on Sep 24, 2008 at 07:03 PM
Are you kidding me!? I mean, that is foul but not illegal. Come on guys, if he spit in your face, then I'd understand. Just because someone does something disgusting, doesn't mean that its against the law. Find something more appropriate to do with your time, like uh, I don't know...catch criminals? I'm glad I don't live in freakin W.VA.

Posted by: C.Wagon on Sep 24, 2008 at 07:02 PM
Way to go Sc.Police.You finally caught yourself a genuine dangerous criminal.Be sure you send this criminal report to the mayor's office. He will think this is a real gas.

Posted by: linda on Sep 24, 2008 at 07:02 PM
that is dumbest thing i have ever heard. sure, you want to clobber someone for clobbering you with gas. but to charge some with battery. it's sad. but it's amazing what the cops can freely charge you with. he survived. what is going to demand next. workers comp. my senses were so assaulted i constantly relieve the stench. get over it.

Posted by: really on Sep 24, 2008 at 07:01 PM
i guess this officer has never passed gas,other than the restroom?give me a break::::::::::

Posted by: nurse on Sep 24, 2008 at 07:00 PM
yes this guy should be in jail for the DUI, but even if he did intentionally pass gas on this officer, it's a job hazard not battery. Was this a female officer or a male?

Posted by: MR. FOX on Sep 24, 2008 at 07:00 PM
THE FOX THAT SMELL'S KNOW'S HIS HOLE!!!!!

Posted by: jeremy on Sep 24, 2008 at 06:58 PM
Beans: great for the heart, terrible for your criminal record. and to think, ive broke the law at least six times today!

Posted by: Susan on Sep 24, 2008 at 06:58 PM
hey at least in Portsmouth you don't get charged.. you just get thrown out of council meetings..

Posted by: Anonymous on Sep 24, 2008 at 06:58 PM
Hey Nicole, guess what drive under the influence is a real crime. Wonder if you would think differently if they hit you head on w/ your kids in the car w/ you.

Posted by: Anonymous on Sep 24, 2008 at 06:55 PM
West Virginia statutory definition: Battery. -- If any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another or unlawfully and intentionally causes physical harm to another person, he shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than twelve months, or fined not more than five hundred dollars, or both such fine and imprisonment. The outcome of that charge will turn on whether farting on someone is considered unlawful physical contact of an unlawful or provoking nature. I don't think that blowing air at someone would constitute physical contact, so this charge will most likely be dropped. And all of you who are saying "good, he deserves it, he was driving drunk" are confusing the issues. He was already charged with drunk driving. That doesn't make him guilty of battery. Idiots.

Posted by: jose on Sep 24, 2008 at 06:54 PM
Now we know that all the dumb hillbilly jokes about WV are one hundred percent true. How did this prosecutor/police officer ever make it through college? Oh wait, it must have been a WV college paid for by pork barrel spending by waste of air Sen. Byrd. Can we just give this state back to England and stop the ignorance from spreading.

Posted by: Chris on Sep 24, 2008 at 06:51 PM
so do i have to worry about narc's at the mexican restaurants now?

Posted by: Daniel Smith on Sep 24, 2008 at 06:50 PM
This has to be one of the stupidest things I have ever heard. Goes to show how big of a joke our justice system has become. I would think its illegal and the baby officer should be charged with impersonating a man or police officer, which ever he may be! If its a woman she might want to charge her husband with the same thing.

Posted by: Mark on Sep 24, 2008 at 06:50 PM
I want to know how LOUD the gas-passing was, if it was "silent but deadly" or if it was a really loud one that shook the rafters. Journalists theses days..jeez

Posted by: Thomas on Sep 24, 2008 at 06:50 PM
Abuse of power, nothing else needs to be said

Posted by: Melissa on Sep 24, 2008 at 06:49 PM
This story has attracted national attention?! This is featured in the crime section of CNN news. WOW! Passing gas is a normal thing that children think is funny to do to others, but when an adult does it, it gets him arrested. That will teach those kids!

Posted by: Chris on Sep 24, 2008 at 06:49 PM
I am going to start flicking boogies at people and see what i can get charged with.

Posted by: Steve on Sep 24, 2008 at 06:49 PM
This charge is just that..a 'charge'. The Judge will have to throw it out, because an 'odor' is not a threat or battery. If he threw urine at the cop, yeah, that's assault. Chances are, this cop farted on his buddies at work. I have!

Posted by: Guest on Sep 24, 2008 at 06:48 PM
Eat donuts, drink coffee and pass gas.

Posted by: David on Sep 24, 2008 at 06:48 PM
If a woman is sleeping and passes gas is that husband abuse?

Posted by: Anonymous on Sep 24, 2008 at 06:47 PM
I love these comments ,they are so funny ,I havent laughed this much in a long time ,it has made my day. keep up the good work .This is a funny story .Thing's like is is what make's people from other state's talk about wv and ky .

Posted by: Bob on Sep 24, 2008 at 06:47 PM
"Posted by: Dennis on Sep 24, 2008 at 04:50 PM Sounds more like a hate crime to me!" No, No Dennis! It's a "what he ate" crime

Posted by: Keith on Sep 24, 2008 at 06:47 PM
Police need to be respected, period. If you get in trouble, you need to take responsibility. Without authority and respect our civilization will crumble. If in doubt read any world history book from grade school to advanced education. If I fart in your face on a escalator, I expect a butt kicking and vice versa. I hope people who do not realize this will get a big wiff of a nasty and taste it in their mouths for ten minutes.

Posted by: Annmarie on Sep 24, 2008 at 06:47 PM
This cop must be the biggest baby in the world. This just goes to show you how far off our justice system is. Has this cop never farted on his wife? If he has you better charge him with wife abuse.

Posted by: leonard on Sep 24, 2008 at 06:47 PM
And you thought the Blue Wall couldn't be penetrated......

Posted by: Anonymous on Sep 24, 2008 at 06:46 PM
that is stupid

Posted by: Jim on Sep 24, 2008 at 06:46 PM
Nothing worse than an alcohol/nacho cheese burrito fart. LOL

Posted by: leonard on Sep 24, 2008 at 06:44 PM
I'll bet Jose has a brown card!!

Posted by: Tar Law on Sep 24, 2008 at 06:44 PM
Considering how some cops love to overcharge, Jose better be happy the officer did not claim a serious injury, such as temporary blindness, and charge him with a felony! (felony Battery? Assault With a Deadly Weapon Inflicting Serious Injury with Intent to Kill? If we're talking a major SBD involving habeneros, then maybe even Attempted Murder? At least Assault on a Govt Official!) Jose at least looked proud of his accomplishment in his mugshot! lol. The comments from readers have been more hilarious than the story itself! I wonder if the cop collected a sample with the Intoxylyzer for later DNA testing to prove ownership? The "Hey, it wasn't mine" defense might work best!

Posted by: Judy on Sep 24, 2008 at 06:42 PM
Charleston Police are the laughing stock of the country.I saw this on an IBD,Crohns and Colitis website.I wonder how the cop would feel if I couldn't hold it in and pooped all over him,as it sometimes happens to me.

Posted by: Judy Sexton on Sep 24, 2008 at 06:41 PM
I really hate what happened to the cop,but I don't feel it is necessary to tell it to everyone.Just another red-neck joke on the tri-state area.It is gross to bring this matter to the public.Some thing like this should be kept in the courthouse...not my house!!! This type of news stinks!!! I love WSAZ and you all do a fine job but, not this time. Thanks for listening.....Judy

Posted by: Sandy on Sep 24, 2008 at 06:39 PM
Dirty Beaner !!!

Posted by: Nightshift worker on Sep 24, 2008 at 06:39 PM
Hey they say this guy could get a year for a fart. Come on!!! Who wants to load up on some home made pinto beans and go protest. HA HA HA

Posted by: Sky on Sep 24, 2008 at 06:39 PM
Almost heaven!

Posted by: ha ha funny fun on Sep 24, 2008 at 06:39 PM
the smell that around you

Posted by: 3 on Sep 24, 2008 at 06:39 PM
What a puss cop....check his house for stolen weapons....

Posted by: LT. GASTRO on Sep 24, 2008 at 06:39 PM
the police was mad because cruz flatuated and melted his green card. so now there is an internal investigation. scpd was trying to save money and now all those rubber gloves.

Posted by: brasier on Sep 24, 2008 at 06:38 PM
What is the world coming to?

Posted by: Monarch on Sep 24, 2008 at 06:37 PM
Isn't "passing gas" a cultural norm in WV?

Posted by: judy-tooty on Sep 24, 2008 at 06:36 PM
cruz' arse was just saying 'hi' to the cop's better half

Posted by: Puerto Rican on Sep 24, 2008 at 06:36 PM
THIS IS FOR THE MORON WHO MADE THE COMMENT BELOW: Posted by: Orenthal on Sep 24, 2008 at 05:04 PM Why are these people in our country? Ship him back to Puerto Rico where he belongs. PUERTO RICO IS US TERRITORY AND WE HAVE AS MUCH RIGHT TO BE HERE AS YOU DO. BEFORE IGNORANCE COMES OUT OF YOUR MOUTH SHUT IT!

Posted by: steve on Sep 24, 2008 at 06:35 PM
it just gas its not like it going to kill you is it

Posted by: Johnny on Sep 24, 2008 at 06:34 PM
What you left wing liberals are forgetting is that this officer can not leave the side of his prisoner. This guy thinks its funny to pass gas and the officer has to sit there and smell it, because legally he can not walk away he must supervise his prisoner. Stop committing crimes and these things wont happen to you. This clown got what he deserved. He could have killed my family by drunk driving. and now you guys think some cop should smell his a s s... I dont think so. He is lucky it wasnt the old days he would have gotten something else for acting that way.

Posted by: Anonymous on Sep 24, 2008 at 06:34 PM
now pass gas on the rest of them !!

Posted by: ha ha funny funny on Sep 24, 2008 at 06:33 PM
ewww ewww that smell cant you smell that smell that smell that's around you.. hahahahahahaahhaha.

Posted by: Kelly on Sep 24, 2008 at 06:33 PM
Now this is the stupidest thing I've ever heard of

Posted by: Jenny on Sep 24, 2008 at 06:32 PM
DUI'S are very serious. Drunk Driver"s KILL THOUSANDS OF INNOCENT PEOPLE each year. Laugh if you must at the fart....but it is very disrespectful to our police officers,who risk their lives for our protection everyday, not to mention what they have to put up with dealing with the fools out there today. Cruz broke a very serious law(DUI)and then proceeded to show disrespect to the police who removed him from the road, in order to save innocent lives!

Posted by: Tom on Sep 24, 2008 at 06:31 PM
What an utterly disturbing abuse of power. No wonder few have respect for the police anymore. The don't deserve any acting like this. I think the officer deserves a strong reprimand for wasting the courts time and the tax payers money.

Posted by: WV Officer on Sep 24, 2008 at 06:31 PM
Will it stick probibly not, but he'll plea to the DUI that much easier and the Police stopped him before he hurt someone. Police will show you the respect you show them. I bet everyone that is on Cruz side would call that officers chief if he farted on them.

Posted by: john on Sep 24, 2008 at 06:31 PM
omg are you serious passing gas, that is so funny, police needs to actually do there job

Posted by: cliff on Sep 24, 2008 at 06:30 PM
West Virginia is for tooters!

Posted by: Stinky on Sep 24, 2008 at 06:30 PM
for punisnment he should go and pass gas on the terrorist in Iraq

Posted by: Lesli on Sep 24, 2008 at 06:30 PM
OMG I have not laughed so hard in a long time! Does this mean that the old "PULL MY FINGER" is now a criminal offense? The look on the guys mug shot is priceless, "Yeah it was ME! Take that!"

Posted by: wayne on Sep 24, 2008 at 06:30 PM
did anyone collect any evidence

Posted by: Mike Crockett on Sep 24, 2008 at 06:30 PM
My family and I are from Charleston but have lived in San Antonio Texas for the last 20 years. Dont ya think they should give him a break, look at his name, ya know he was eating frijole's (beans)and drinking cerveza (beer).

Posted by: Roxanna on Sep 24, 2008 at 06:29 PM
You've got to be kidding. Passing a stink bomb is not assault.

Posted by: Call a Thug on Sep 24, 2008 at 06:28 PM
Thank you South Charleston. If people would just treat police officers with the respect they deserve then this wouldn't be an issue. For those who disagree call your local thug next time someone breaks into your car or your neighbors are keeping you awake at night. Oh and don't call the police to raise your children when you can't, call Jose Cruz

Posted by: laughter on Sep 24, 2008 at 06:28 PM
low test gas $3.99 gal med grad $4.05gal hi test $4.45gal jose gas priceless

Posted by: boxers on Sep 24, 2008 at 06:28 PM
woooohooooooooooo what a pharty day.LMAO!!

Posted by: Arthur on Sep 24, 2008 at 06:28 PM
This is just another example of police officers abusing their authority and the Law. When are we people gonna stop laughing ( it isn't nothing new) and starting punishing these cops for their actions?

Posted by: Aldo on Sep 24, 2008 at 06:25 PM
Hey, the story isn't really all that but the comments below made me pass gas!

Posted by: Larry on Sep 24, 2008 at 06:25 PM
Come on! If Joe Blow citizen would call the cops because somebody tooted to close to him do you really think they would charge him? Not a chance!!!!! The cops in this state really have a "Im better than you attitude" Whats ok for citizens to file on is also ok for the cops. Cops really need to grow up.

Posted by: Anonymous on Sep 24, 2008 at 06:24 PM
You think this cop has never passed gas ,oh I say not they are such tight a-- I guess not ,this is a joke ,well is would be if the guy wasn't faceing life or who know mayble death ,that gas could of killed this cop ,ha ha .All joke's aside why don't you cop's get out there and catch the bad guy's ,not the one's that is passing gas .poor baby ..........

Posted by: Jim on Sep 24, 2008 at 06:22 PM
Watch out Mommie. South Charleston police will have your babies in jail for passing gas.

Posted by: James on Sep 24, 2008 at 06:22 PM
What a nasty disgusting pig. The cop should have punched this jerk in the gut. It's not funny that he was driving drunk and putting lives at risk. LOSER.

Posted by: Anonymous on Sep 24, 2008 at 06:21 PM
Pardon me sir, but- could you perhaps pass the beano?

Posted by: WEF on Sep 24, 2008 at 06:20 PM
George Bush and John McCain have been passing gas on the American people; they too should be charged with battery! Comments welcome: http://whenelephantsfly.blogspot.com

Posted by: Mike on Sep 24, 2008 at 06:20 PM
That stinks.......

Posted by: Granny on Sep 24, 2008 at 06:19 PM
I thought the officers were there to protect the citizens not put up with some idiot just because he was pulled over for not having his lights on. the last time I looked that is against the law, in so much you can't see after dark. The officers put up with enough garbage. The guy should be fined for the offense. I wouldn't want someone doing that to me. WOULD YOU!!!

Posted by: sam on Sep 24, 2008 at 06:19 PM
cop had to be a dem.

Posted by: Nicole on Sep 24, 2008 at 06:18 PM
How stupid. Don't the police have anything better to. Such as aresst and charge real criminals.

Posted by: Anonymous on Sep 24, 2008 at 06:18 PM
cops asking ohhhh that semll

Posted by: Cop on Sep 24, 2008 at 06:17 PM
Im a cop.... and i think this is the most stupid charge ever....Its an embarrasment to the rest of us

Posted by: Amy on Sep 24, 2008 at 06:17 PM
This is just another example of a police officer abusing his power. Someone should be holding these officers accountable for these silly charges.

Posted by: No hope on Sep 24, 2008 at 06:15 PM
At the rate it's going there is going to be no hope for the average American, based on this story I would suppose that if you look at a police officer cross eyed that would be considered visual battery and should deserve a person to get at least 6 months in jail.

Posted by: Anonymous on Sep 24, 2008 at 06:15 PM
Pull My Finger.. Come on Seriously...With all of the crime in our region ... This is silly...

Posted by: Robin on Sep 24, 2008 at 06:14 PM
OMG, bring out the national guard, Homeland Security, FBI and CIA. He is obviously a terrorist. OH please, get real. So he passed gas. Get over it. Police wonder why they can't get the communities to respect them. Well, HELLO!!!!!

Posted by: Phil on Sep 24, 2008 at 06:14 PM
Maybe the police officer while trying to finger print him, actually pulled his finger, thus releasing the gas.

Posted by: Carolyn on Sep 24, 2008 at 06:14 PM
This man got exactly what he wanted...he was noticed. It should have been ignored so he would not have gotten all the publicity.

Posted by: Gary on Sep 24, 2008 at 06:14 PM
This smells like "profiling". It's gone too far if a cop can arrest you on the strength of your gas. I can't image what will happen here in Idaho were farting is a competitive sport.

Posted by: Anonymous on Sep 24, 2008 at 06:14 PM
New term 'cruzzing'. The police officer should have searched him for a 'SBD'.

Posted by: Linda on Sep 24, 2008 at 06:13 PM
I don't know anyone that don't pass gas sometime in their life. He who lives in glass house shouldn't throw stones. According to the dictionary BATTERY is defined as the unlawful use of any physical force on another person, including beating or offensive touching with out the persons constent. How can passing gas be considered battery? Way to go CPD. Poor baby policeman.

Posted by: Carl Holstine on Sep 24, 2008 at 06:11 PM
Please, enough with the gas passing story. Surely there are more important news for your program.

Posted by: L on Sep 24, 2008 at 06:11 PM
Battery, really?

Posted by: Brandon on Sep 24, 2008 at 06:10 PM
OK, this person is my new best friend :)

Posted by: Anonymous on Sep 24, 2008 at 06:10 PM
The problem is that passing gas is a natural function, and is not always in control of the perpetuator -- normal is up to 20 times daily; higher if eating lots of beans. If a precedent is set that this can be grounds for battery, then EVERYONE can be charged with the crime of battery.

Posted by: DAN on Sep 24, 2008 at 06:08 PM
THIS HAS GONE WAY TO FAR. GROWING UP YOUR PARENTS SHOULD TEACH YOU TO RESPECT POLICE OFFICERS. FARTING ON AN OFFICER IS JUST AS BAD AS SPITTING ON ONE. JOSE WAS WAY OUT OF LINE AND SHOULD BE CHARGED FOR THE BLATANT LACK OF RESPECT AND ATTEMPT AT HUMILIATION HE SHOWED THAT OFFICER. WHO DOES EVERYONE CALL WHEN THEY WANT HELP WITH THEIR CHILDREN, NEIGHBORS, SPOUSE, OR THE COMMON THIEF? THE SAME POLICE OFFICERS THEY WANT TO TURN THIER NOSE UP AND TALK TRASH ABOUT. WOULD THIS STILL BE SUCH A BIG DEAL IF JOSE HAD HIT AND KILLED SOMEONE WHILE DRINKING AND DRIVING? LET IT GO, THE OFFICERS MAY HAVE SAVED SOMEONES LIFE BY STOPPING AND ARRESTING JOSE. SHOW THEM SOME RESPECT,JOSE DIDN'T AND HE GOT WHAT HE DESERVED.

Posted by: Dan on Sep 24, 2008 at 06:06 PM
.. only in the USA ..

Posted by: anonymousgas on Sep 24, 2008 at 06:05 PM
you thought i could not tell, it was you that passed that smell, now your totally out of luck, cause your gonna be locked up

Posted by: kay on Sep 24, 2008 at 06:05 PM
You can't get cops to do anything about drug selling on your street, but bringing charges for passing gas. Now what's up with that.

Posted by: Gregory Syroney on Sep 24, 2008 at 06:01 PM
A battery for passing is the most stupidest thing that I have ever heard of. He was drunk and he didn't know what he was doing when he was passing gas. At least the the city didn't have to worry about the gas price for it. They just making the money for the gas he passed. What is this world is coming to? Sounds the city is just trying to make money a a stupid way. Is it against the law to pass gas now days? I hope not because if it is everyone would be in jail.

Posted by: Joyce on Sep 24, 2008 at 06:00 PM
My husband asked me to quit working outside to come in a listen to the most disgusting story he had heard on the news yesterday evening. WE couldn't understand why you would even report such a stupid story. I can't believe you have devoted so much time to this ridiculous story. It just gets more reporting as the day goes on. Let's cover something a bit more newsworthy. Very unprofessional.

Posted by: Rick on Sep 24, 2008 at 05:59 PM
Hearsay, Where's the evidence?

Posted by: dead horse on Sep 24, 2008 at 05:58 PM
Well, you see, judge. Had he stayed in place this would only be a second degree offence. However, aiming toward the officer showed a definite premeditation which elevates this to a first degree fart, your honor.

Posted by: A on Sep 24, 2008 at 05:58 PM
I have heard it all now.. This has made my day!

Posted by: Don on Sep 24, 2008 at 05:58 PM
HOW STUPID ! So I guess anyone in South Charleston that suspects that somebody near them has passed gas can call the S.C.PD and have a report filed. And I guess they will investigate!!! This is a poor example of a policeman or an abuse of police power. A state wide embarrassment.

Posted by: Tony Bennet on Sep 24, 2008 at 05:57 PM
I beleive in his native country passing gas is a way of saying "Thank you for all you do"

Posted by: mike on Sep 24, 2008 at 05:57 PM
just leave it to the fuzz to reinvent what is a crime. hilarious!

Posted by: Bill on Sep 24, 2008 at 05:57 PM
Someone should notify the EPA so they can make a new law that will force him to put a filter on his butt like they do other gas refineries. LOL

Posted by: Andie on Sep 24, 2008 at 05:55 PM
I Think It Is Rediculous That You Can Get Charged For Passing Gas!

Posted by: stupid on Sep 24, 2008 at 05:53 PM
are you serious? how can they leave a man behind bars for something little as passing gas on a police officer? If it wasn't the officer who was getting farted on then he would have been laughing at how dumb this situation is, but no, he must press charges like he got sexually assulted or something. Get a life!

Posted by: Buddy on Sep 24, 2008 at 05:53 PM
YOU HAVE GOT TO BE KIDDING? Can we see the video on this....PLEASE!!!!!! It has to be one of the funniest things I have ever read or even heard about!!!!!

Posted by: jerald on Sep 24, 2008 at 05:52 PM
THIS IS STUPID. WHAT KIND OF COPS ARE THERE IN CHARLESTON. LAST TIME I CHECKED PASSIN GAS WAS NOT A CRIME IN ANY LAW BOOK. YES IT WAS RUDE BUT A CHARGIBLE OFFENSE HARDLY NOT.

Posted by: Dale on Sep 24, 2008 at 05:51 PM
Just a normal body function. Everybody does it. Give the guy a break.

Posted by: steve on Sep 24, 2008 at 05:50 PM
Ridiculous. You mean, the courts are now going to have to hear why he is charged with battery. the policeman who charged him with that should be fired.

Posted by: Chad on Sep 24, 2008 at 05:50 PM
What some of you all don't understand is that the police officer is NOT the one that charges the person with the crime. The police write up a criminal complaint and then the DA writes up the charges. The officer didn't charge him. The DA's office did. The officer only said the odor was strong. You all keep blaming police officers for every dang problem instead of supporting the work they do.

Posted by: dead horse on Sep 24, 2008 at 05:49 PM
Cruz had been keeping a lot of things bottled up.

Posted by: Bill on Sep 24, 2008 at 05:47 PM
This is insane! Obviously the officer has a problem controlling they're temper.

Posted by: Anonymous on Sep 24, 2008 at 05:46 PM
Only in West Virginia Boy, I'd get the chair if I farted in this S.C. officer!

Posted by: I See Dumb People on Sep 24, 2008 at 05:46 PM
Hope he gets the gas chamber !!!!

Posted by: Jerry on Sep 24, 2008 at 05:46 PM
THE FART HEARD ROUND THE WORLD! I was interviewed today by TV 3 on this topic. If they play even PART of it, you'll see a real show. Hehe... Personally, I think Chemical Warfare should in fact be a chargable offense. After all... hydrogen, carbon dioxide, and methane combine, hydrogen sulfide, and mercaptan adds up to Battery when done on purpose in my book. (Any wives agree with me?)

Posted by: Dave on Sep 24, 2008 at 05:45 PM
I don't know about the resto of you but I personally favor the death penalty for this heinous crime.

Posted by: Anonymous on Sep 24, 2008 at 05:44 PM
Posted by: anonymous on Sep 24, 2008 at 04:34 AM i thought battery was physical contact It is physical contact, the odor molecules hitting your nose.

Posted by: Rufus on Sep 24, 2008 at 05:44 PM
I smell a Hit Country and Western Song coming from this incident - anyone got some lyrics?? (not jumpin'jack flash please)

Posted by: Electricalcheck Pete on Sep 24, 2008 at 05:43 PM
Reminds me of an incident at work where someone complained to their supervisor about my gas. Normally I would go to an area not as populated, but this time I was in the middle of a timed test. Sorry! The complaining idividual's supervisor did nothing.

Posted by: Archive it please! on Sep 24, 2008 at 05:40 PM
Will you PLEASE save this in the ARCHIVES?!?! Pretty please? I want to be able to come back and read this when I'm having a bad day! I can't believe this is listed under "Top Crime and Justice Stories" on CNN.com!!! Guarantee we see this on a late night talk show soon! LOL

Posted by: dead horse on Sep 24, 2008 at 05:39 PM
some people just need to put a cork in it, seriously.

Posted by: Jeff on Sep 24, 2008 at 05:39 PM
You have to be kidding me? So now when I pass gas on my wife she can call 911 for Battery? OH Lord give me a break. Don't you think this is screams INSANITY

Posted by: Rene on Sep 24, 2008 at 05:35 PM
Does this mean I can now bring charges against my husband: ASSUALT WITH A DEADLY WEAPON!

Posted by: LOL on Sep 24, 2008 at 05:31 PM
He has also been charged with excessive contribution to global warming. This is punishable by 5 years in prison, a $15,000 fine, or both.

Posted by: Ex-squeeze me please on Sep 24, 2008 at 05:31 PM
Flatus el cid on a sesame seed bun!

Posted by: RYAN on Sep 24, 2008 at 05:25 PM
LMAO!! PRICELESS.

Posted by: Heather on Sep 24, 2008 at 05:25 PM
I'm sure the charges won't stink...er...stick.

Posted by: innocent on Sep 24, 2008 at 05:24 PM
Which is why the 'perp' should demand a jury of his peers. After he is acquitted at trial, the jury gets to aim at the cop and "pass gas in his general direction."

Posted by: kat on Sep 24, 2008 at 05:22 PM
how can that be considered battery? what if the man had vomited on the officer? would he have be charged for that? both are natural processes and come out without control. that charge should be dropped.

Posted by: Anonymous on Sep 24, 2008 at 05:22 PM
Really? Battery? I can't imagine why anyone would ever be under the impression that "officers of the law" may, at times, ABUSE THEIR AUTHORITY...

Posted by: John on Sep 24, 2008 at 05:21 PM
Thats the funniest thing I heard all week!

Posted by: Bubby on Sep 24, 2008 at 05:20 PM
He must be the terrorist Hous Bin Pharteen, wanted for his dirty bombs that are silent but deadly killers...... better call homeland security......

Posted by: Byron on Sep 24, 2008 at 05:14 PM
Maybe they should start making their uniforms out of odor eaters. Just be glad he didn't shart................

Posted by: Joe on Sep 24, 2008 at 05:14 PM
Are you freaking kidding me? This is a crime?

Posted by: Faye on Sep 24, 2008 at 05:13 PM
Something about this story smells....

Posted by: Lewis on Sep 24, 2008 at 05:13 PM
This Officer is a Joke to the Uniform He wears....

Posted by: Virginia on Sep 24, 2008 at 05:13 PM
Oh please, this would be so funny if it weren't so stupid. Maybe the cop should grow up some. Hey an idea here.I have been married for 43 yrs and am wondering if I can file charges on my dear hubby for the numerous times he has done the same to me? Just joking. Tell the cop to get over it.

Posted by: Wilson on Sep 24, 2008 at 05:12 PM
Maybe the cop is trying to justify a fan on his budget.

Posted by: Jim on Sep 24, 2008 at 05:11 PM
You gotta be Shi**ing me... Oh no! It's on me!

Posted by: Jason on Sep 24, 2008 at 05:11 PM
Sounds like the officer has self esteem issues. What a pansy. Are all the police officers in WVA such sissies?

Posted by: Nebraska on Sep 24, 2008 at 05:11 PM
This is the funniest thing I've found on CNN.COM all week! I thought we were bad because our city passed a law saying we can't have couches (indoor furniture) on our porches!!! This is even more ridiculous! Thank you for the laugh! I hope the officer recovers quickly so he can keep us entertained with more outrageous tickets!!!

Posted by: concerned citizen on Sep 24, 2008 at 05:10 PM
I think this hole episode will leave a lingering stench (and possibly stain) on Police-public relations for years to come. It just leaves a bad taste in everyones' mouth (and especially the officer involved).

Posted by: Mary on Sep 24, 2008 at 05:08 PM
This is crazy as hell. Passing gas is a natural human function and cannot be considered against the law. It appears that the police officer was soft. I'm sure he has smelled worse if he has been a policeman for any period of time.

Posted by: Bob on Sep 24, 2008 at 05:06 PM
I don't think thing will pass the smell test.

Posted by: Marcia on Sep 24, 2008 at 05:05 PM
We have a new secret weapon. Just "Pull my finger and light a match" Who needs guns!!!!!

Posted by: Orenthal on Sep 24, 2008 at 05:04 PM
Why are these people in our country? Ship him back to Puerto Rico where he belongs.

Posted by: vlopezgilbert1@comcast.net on Sep 24, 2008 at 05:03 PM
der f wasn't the only one with this problem

Posted by: sick american on Sep 24, 2008 at 05:03 PM
JOSE CRUZ = ILLEGAL ALIEN Drunk driving after doing the jobs americans used to do before the illegal inavasion Charge him then deport him- thanks George Bush, OBACK BARaMa AND John `el vato` McCain

Posted by: leif on Sep 24, 2008 at 05:01 PM
really?

Posted by: MAD on Sep 24, 2008 at 05:00 PM
I guess when the officer asked him to Blow..he definetly BLEW!!!

Posted by: Simon on Sep 24, 2008 at 05:00 PM
That is the weakest charge I've ever heard of. That cop needs a thicker skin. Weak.

Posted by: frank on Sep 24, 2008 at 05:00 PM
Give the guy a break. If you read the criminal complaint, it states this happened when he was trying to blow into the breathalyzer. He had couldn't breathe. So he was just clearing his throat and the fanning his rear afterwards was just a involuntary muscular reaction to lacking air. I rest my case.

Posted by: "O" on Sep 24, 2008 at 04:59 PM
My prayers are with the officer and his family. Shame on you Jose for battering that officer, shame on you...

Posted by: John on Sep 24, 2008 at 04:59 PM
It's battery. If someone intentionally spits on you, urinates on you, or makes some other contact that's offensive, it's battery. Ask yourself if you want to live in a world where people can intentionally inflict indignities on you and there be no recourse open to protect yourself from them.

Posted by: Anonymous on Sep 24, 2008 at 04:55 PM
hahahahahahahahahhahaha

Posted by: HR on Sep 24, 2008 at 04:53 PM
just because he has a hispanic name doesn't mean he's Mexican dumb arce.

Posted by: G-Rose! on Sep 24, 2008 at 04:53 PM
And how old was he? 21? Oh...10 in man years!

Posted by: SirTootsAlot on Sep 24, 2008 at 04:52 PM
"911, What's your emergency?" "I hopped into bed and my wife turtled me." "Sir, this line is for emergencies only." "Yeah, but this was a battery. If you were her, you'd called it deploying a biological weapon." "Sir, passing gas is not a battery..." "Huh? It was for you..."

Posted by: Robert on Sep 24, 2008 at 04:52 PM
For all the clowns out there - I bet if it was you it wouldn't be so funny. Secondly, you should be thanking the police for getting this irresponsible person off the street before he killed someone; possibly you or one of your kin. Not so funny now is it? Lastly, the next time you need help don't call the police, call Jose.

Posted by: Dennis on Sep 24, 2008 at 04:50 PM
Sounds more like a hate crime to me!

Posted by: Attorney on Sep 24, 2008 at 04:49 PM
I'm a West Virginian & a WV/FL lawyer living in Florida and I saw a link to this on the Drudge Report. I read this and just laughed. Unbelievable! Now I have been "guilty" of passing gas in WV myself. So when I return to visit WV to see family, should I be worried about any outstanding warrants? By the way, the comments on this article are some of the funniest that I've read in a long time!

Posted by: me on Sep 24, 2008 at 04:48 PM
wow lol passing gas is cosidered battery now? lol thats funny im using this for our "News Day" it will be funny

Posted by: Faxman on Sep 24, 2008 at 04:47 PM
There once was a Vato named Cruz, who was arrested for driving on booze; When the Cop inked his pinky, Cruz let out a stinky, so the cop wrote him up for abuse.

Posted by: Mindi on Sep 24, 2008 at 04:46 PM
That is Jacked! Seriously, I hope the ACLU gets involved. I am stunned. Note to self never visit SC, they just make stuff up as they go along, and abuse their citizens at their leisure. WOW

Posted by: Chelsea on Sep 24, 2008 at 04:45 PM
This is the funniest thing I've ever seen!!! I can just picture it happening....ahhhh I can't stop laughing!

Posted by: John on Sep 24, 2008 at 04:43 PM
Confucius say: If a man passes gas and it's battery, he better check his shorts. Probably not gas.

Posted by: dead horse on Sep 24, 2008 at 04:41 PM
Some people just lack the intestinal fortitude for that line of work.

Posted by: Jason on Sep 24, 2008 at 04:41 PM
The one who smelled it dealt it

Posted by: Don't Hate Appreciate on Sep 24, 2008 at 04:41 PM
Wow what a racist group you have in this state and pathetic weak cops!I hope his coworkers are asking if he wears panties and has a VJ

Posted by: Steve on Sep 24, 2008 at 04:40 PM
Like I've said before, we need some "toot" reform...

Posted by: Bob again on Sep 24, 2008 at 04:39 PM
Ryan, who posted down below, needs a reality check himself. "Contact" is the key word. What this guy did was no more than a really good case of bad breath.

Posted by: Awife on Sep 24, 2008 at 04:38 PM
Come on, wives everywhere now have a reason to press charges!

Posted by: Liam on Sep 24, 2008 at 04:38 PM
Outrageous. Charge him with his DUI and throw the book at him for that, but charging him for flatulence is an absolute abuse of police power. The "officer" who charged him for that should be suspended immediately.

Posted by: Pat on Sep 24, 2008 at 04:37 PM
I swear, if passing gas is a CRIME, we are all in trouble! I bet he had beans for dinner. Bless his heart. Is this silly or what??

Posted by: brownie on Sep 24, 2008 at 04:37 PM
I just blowed my underwear clear across the street.

Posted by: EPA on Sep 24, 2008 at 04:36 PM
Blue Haze explained....

Posted by: Marcus on Sep 24, 2008 at 04:36 PM
In college, at the frat house, we used soda straws (pressed against you know where ) and then used a cig lighter to light them on the other end of the straw. We called it a "Fxxt Lighting Contest". That guy would be a winner! ;) It works try it. Marcus knows.

Posted by: dead horse on Sep 24, 2008 at 04:34 PM
It had been a rough night, Cruz wanted to let out some steam.

Posted by: Bob on Sep 24, 2008 at 04:32 PM
That is way beyond ridiculous. The cop ought to be fired for not knowing what constitutes battery.

Posted by: gary on Sep 24, 2008 at 04:32 PM
i smelled it all the way over here too catlettsburg ky,,,,,i bet pablo was sniffing it,,,,,,,lol

Posted by: StuKatz on Sep 24, 2008 at 04:31 PM
If the poor guy would have went to far when passing gas, he would have been charged with..ILLEGAL DUMPING ON GOVT PROPERTY!!!!

Posted by: dead horse on Sep 24, 2008 at 04:31 PM
Cruz was just turning the other cheek.

Posted by: Anonymous on Sep 24, 2008 at 04:30 PM
WTG Mr. Cruz Now that was funny and OMG Battery on a police officer? Cmon Very good job Mr. Cruz I think more people should do that, its a natural act, your body must release it or you will die. If the man had died from not releasing it......would it then be involuntary manslaughter for the cop?

Posted by: E Chris on Sep 24, 2008 at 04:30 PM
Assault with an invisible weapon. Might as well charge him with aiding and abetting global warming.

Posted by: gene on Sep 24, 2008 at 04:30 PM
after cnn and other news org.s get hold of this it will be the f@rt heard around the world. what a excuse for a cop.

Posted by: stoogey on Sep 24, 2008 at 04:29 PM
Hope the video has Smell-O-Vision!!!

Posted by: John on Sep 24, 2008 at 04:29 PM
NO sympathy for drunk drivers. While the charge sounds absolutely ridiculous (the passing gas charge that is...), he got himself into this mess. (no pun intended.) The only reason he was even in this situation was because of his own stupid, inexcusable desicions.

Posted by: MJ on Sep 24, 2008 at 04:26 PM
Too funny!!

Posted by: dead horse on Sep 24, 2008 at 04:26 PM
This has gotten out of hand, everybody stop and take a deep breath

Posted by: dead horse on Sep 24, 2008 at 04:25 PM
Im sure there were some rumblings of discontent that warned of the attack

Posted by: Dead Horse on Sep 24, 2008 at 04:24 PM
The officer just wanted to clear the air between them.

Posted by: tom cruz on Sep 24, 2008 at 04:23 PM
I forgot, just to 'clear the air' about this, he was adopted.

Posted by: dead horse on Sep 24, 2008 at 04:23 PM
I'm sure the officers asked to empty everything onto the table

Posted by: disgusted on Sep 24, 2008 at 04:20 PM
I guess cops don't pass gas. This is such a waste of our time and tax payers money to charge someone for passing gas.

Posted by: dead horse on Sep 24, 2008 at 04:19 PM
I can't wait for the "E True Hollywood Story" reenactment.

Posted by: Best Ever on Sep 24, 2008 at 04:19 PM
This is the best ever. It really made my day.

Posted by: tom cruz on Sep 24, 2008 at 04:19 PM
I wondered what happened to the 'black-sheep' of the family - and here he surfaces in w virgina!!. Just wait till us Scientologists start harrasing this cop - he will drop the charges

Posted by: Samantha on Sep 24, 2008 at 04:18 PM
I just read the report of a man that was arrested with DUI and now has battery of a police officer added to it! That is crazy!! We can't help our bodily functions! No one in the US can honestly admit that they have never passed gas in public on accident. He was drunk and he sure couldn't help it. He also couldn't help how strong or how weak the odor was. I think this charge is crazy and needs to be dropped! And the officer needs to see passing gas as equal to a burp and quit being so childish about it!!!

Posted by: dead horse on Sep 24, 2008 at 04:14 PM
He was just reducing his carbon footprint with natural gas. Give him the Nobel.

Posted by: dead horse on Sep 24, 2008 at 04:13 PM
There's no gas shortage in WV.

Posted by: Mr. 84 on Sep 24, 2008 at 04:12 PM
LMAO! I dont mean to laugh but this is funny

Posted by: Ted on Sep 24, 2008 at 04:12 PM
This is the type of event that gives the cops a bad name. This officer does indeed need a new line of work. If passing gas is considered battery, I wonder what would happen if someone called 911 to report a coworker passing gas in the work place. Would the police arrive, or would they cite the person calling for abusing the 911 system...hmmmmm.

Posted by: Jenn on Sep 24, 2008 at 04:11 PM
TO BWLRGRL..HAAAAHAAAAAAAAAHAAAAA That was the funniest comment so far. I am still laughing.

Posted by: Nicky on Sep 24, 2008 at 04:09 PM
I don't think the charge is going to pass the smell test.

Posted by: lol on Sep 24, 2008 at 04:05 PM
thats west vuhgina for you folks. plan carefully when taking road trips

Posted by: nraendowment on Sep 24, 2008 at 04:05 PM
Methane? GLOBAL WARMING HORROR!!!

Posted by: MASON COUNTY RES. on Sep 24, 2008 at 04:04 PM
If this happened in Mason County, our Prosecuter would let this guy plea bargain down to a sneeze.

Posted by: GEOFF on Sep 24, 2008 at 04:03 PM
THAT CAN GIVE YOU PINK EYE

Posted by: James on Sep 24, 2008 at 04:03 PM
it was complimentary air freshener for the cops and they stinky station

Posted by: Anonymous on Sep 24, 2008 at 04:02 PM
thats funny,....

Posted by: John on Sep 24, 2008 at 04:02 PM
The officer should not have pulled his finger. I guess the officer is at fault

Posted by: Stinky Pete on Sep 24, 2008 at 03:55 PM
He must have been hiding a knife to cut that cheese. lol hahahahahahahahahahahaha

Posted by: PainfullyAware on Sep 24, 2008 at 03:54 PM
Abuse Of Power. Coming to a town near you soon.

Posted by: JB on Sep 24, 2008 at 03:53 PM
MORON....This is why people dislike the police.

Posted by: Daryl on Sep 24, 2008 at 03:51 PM
To protect and to serve, yeah right! I'm glad the did not beat on him after he was handcuffed like some of these "thugs with badges" but hey it could be the new BROWN HAZE from a power plant????

Posted by: Jake on Sep 24, 2008 at 03:51 PM
I've got a few buddies that I can now make a citizens arrest on...

Posted by: American on Sep 24, 2008 at 03:47 PM
Pathetic are the idiots who think this is funny or inconsequential. It is about respect... for the badge and for your freaking self. Get some.

Posted by: j.d. on Sep 24, 2008 at 03:44 PM
haha, thats the best non-violent non-verbal way of dealing with a cop. it wont hold up in court. but good job of gettin the drunk off the road.

Posted by: mec on Sep 24, 2008 at 03:43 PM
Similar thing here. A campus police officer warned a group of intoxicated college students to get off the street. He came back around and they were still there. He repeated his warning and one of them lifted up his leg and let one fly. The officer cited him with a violation of PC 42.01 to wit:"Producing a foul oder by chemical means against the peace and dignity of the State of Texas." It got laughed out of court and probably constitutes the first and last example of case law on the matter.

Posted by: Snifter on Sep 24, 2008 at 03:41 PM
Charged w/ battery??? that really stinks!

Posted by: LOL on Sep 24, 2008 at 03:37 PM
We here in CA thought that we had the "BEST" gas laws!

Posted by: Al on Sep 24, 2008 at 03:37 PM
The cops already knew they were dealing with a drunk I think they got off pretty lucky . He may well have vomited or messed himself worse yet can you imagine if he burped in the cops face . They would have beat him silly or given him a Tazer overdose . This cop needs a different line of work .

Posted by: Bryon on Sep 24, 2008 at 03:35 PM
Don't panic! It's organic!

Posted by: Will on Sep 24, 2008 at 03:32 PM
Wonder if the officer checked for ILLEGAL emissions.....

Posted by: Len on Sep 24, 2008 at 03:32 PM
This is truly pathetic if the guy gets convicted over this the police are only going to succeed in making themselves even bigger targets of public resentment.

Posted by: bwlrgrl on Sep 24, 2008 at 03:30 PM
What! No concealed weapons charge! He clearly had one in the chamber ;)

Posted by: Anonymous on Sep 24, 2008 at 03:30 PM
They would of tasered him, but there was fear of igniting the gas. It is better to allow your tax dollars and the courts to settle this one.

Posted by: Mike on Sep 24, 2008 at 03:29 PM
Grow up, little copper. It would be hard to argue that the guy in the clink is a model citizen, but "battery on a police officer?" Grow up, clown! Stop and smell the....err.....roses?

Posted by: BoredwithRealNews on Sep 24, 2008 at 03:29 PM
Rectum? It nearly killed him!!! Wow! This could just go on forever. Thanks, WSAZ!

Posted by: Ryan on Sep 24, 2008 at 03:26 PM
Folks, Check your ignorantly fueled indignance at the door The Legal Definition of Battery INCLUDES: "contact that may constitute battery which causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will."

Posted by: Steven on Sep 24, 2008 at 03:26 PM
What's his name? Jose Cruz...another subhuman animal, acting just like one. Because it is one.

Posted by: Irishfan on Sep 24, 2008 at 03:24 PM
Overheard at lawyers office: Mr. Rip your client is on line toot. LMAO!!!

Posted by: yukon mike on Sep 24, 2008 at 03:20 PM
Any status on the immigrant status of the cop? He could be from Canada.

Posted by: Ruth on Sep 24, 2008 at 03:19 PM
Posted this one on My Space!!! LOL

Posted by: Anonymous on Sep 24, 2008 at 03:19 PM
Why on earth would you print something so stupid. This means nothing to the public. Who wants to hear about this.....It's no wonder everyone makes fun of West Virginia. Start reporting real news.......

Posted by: Anonymous on Sep 24, 2008 at 03:17 PM
beer and burritos will do it every time.

Posted by: Michael on Sep 24, 2008 at 03:16 PM
Seriously? That cop is full of garbage. I hope he gets sued for filing ridiculous charges.

Posted by: Nunya on Sep 24, 2008 at 03:14 PM
Maybe the police officer should not have "pulled the man's finger" while fingerprinting him?

Posted by: Brad on Sep 24, 2008 at 03:14 PM
I've lived in many places since leaving WV 13 years ago, but I read the Huntington news almost daily. I am really getting tired of reading comments like "just one more reason to make fun of this region." I hate to inform you, but people don't make fun of you as much as you think and you can find dumb news stories like this all over the country, so give the self pity a rest. The only thing worth making fun of is the horrible spelling and grammar that I read here.

Posted by: Anonymous on Sep 24, 2008 at 03:13 PM
Stupid

Posted by: Dan on Sep 24, 2008 at 03:11 PM
wow this article shows how much of a joke our justice system is.

Posted by: Larry Croft on Sep 24, 2008 at 03:11 PM
The article wasn't clear about what kind of gas. Even though the officer said the odor was very strong, he might have been out to get Mr. Cruz by hook or crook. I will make the assertion right here and now that the gas was laughing gas. Why? Because I'm laughing my head off.

Posted by: bety on Sep 24, 2008 at 03:09 PM
doesn't sound like he had an obstruction at all

Posted by: Anonymous on Sep 24, 2008 at 03:07 PM
This is ridiculous.

Posted by: City Boy on Sep 24, 2008 at 03:06 PM
Apparently, this cops "Badge was Big, and his Gun was Heavy". I sure hope the prosecuter dosent pursue this! Peehew!!! lol

Posted by: Anonymous on Sep 24, 2008 at 03:00 PM
OK, don't make too much fun now. That poor officer may have to seek counseling. Check yahoo, there's a story posted today, it says that rotten eggs and bad smells may cause bad dreams. Yep, its true the cop may be needing psychological help before he forgets this malodorous encounter.

Posted by: George on Sep 24, 2008 at 02:58 PM
I guess they are there to protect and serve us from a little flatulence. Could this officer who cried battery be any more of a sissy...geez

Posted by: Alan on Sep 24, 2008 at 02:58 PM
The charge is a great example of the felonization of America. Don't have a felony? Don't worry, we'll get you one! What's also great is seeing how just because this guy has a Hispanic last name, everyone is assuming he's an illegal alien. I love how I'm stuck having to live with these types of people now, just because we removed Darwin from the equation.

Posted by: Phillip on Sep 24, 2008 at 02:55 PM
The defense may have to fall back on the "he who smelt it" argument.

Posted by: Tim on Sep 24, 2008 at 02:55 PM
Drunks do the darndest things.

Posted by: DD on Sep 24, 2008 at 02:54 PM
HE spoke up cause he could no longer hold his peace

Posted by: Michael on Sep 24, 2008 at 02:54 PM
Wow - better be careful - He may end up having to buy Carbon Credits to get out of this one!

Posted by: Janine on Sep 24, 2008 at 02:54 PM
He doesn't LOOK like my ex-husband!

Posted by: Dawn on Sep 24, 2008 at 02:53 PM
Seriously!!! The guy was not in his right state already and because he "passed gas" he battered an officer- Please- if it was a fliud of some sort then it would be justified- but seriously-this is ridiculous.

Posted by: Gassy in KS on Sep 24, 2008 at 02:52 PM
Sorry freedom of speech Supreme Court already ruled on this people....

Posted by: paul on Sep 24, 2008 at 02:52 PM
If the man was tasered and released his bowels, he'd probably get the death penalty. From the way the cops described it, this man was the strong silent type.

Posted by: BoredwithRealNews on Sep 24, 2008 at 02:51 PM
If it made a loud noise, and the officer could smell it from 4 feet away, they're gonna have a real hard time proving obstruction!

Posted by: Anonymous on Sep 24, 2008 at 02:51 PM
haji, you're an idiot, he wouldn't have a valid driver's license if he were illegal, surely he'd of been charged with that. Spew your venom elsewhere. The post were funny, then I read yours, and it shows what a miserable person you are.

Posted by: anon on Sep 24, 2008 at 02:50 PM
Big dummy, he should have blamed it on the dog.

Posted by: Ted R on Sep 24, 2008 at 02:50 PM
Just one question, is he a legal or illegal?

Posted by: paul on Sep 24, 2008 at 02:49 PM
I'm going to eat cans of pinto beans and wash them down with bran muffins - then barricade myself in a crowded elevator as a means of protest, freedom of speech, well, speech from an alternative orifice...your voice has changed, but your breath still smalls the same.

Posted by: Anonymous on Sep 24, 2008 at 02:48 PM
After working as a police officer for 20 years; I can truthfully say "I seen it all now". Why would a department head let one of his officers do this?

Posted by: J on Sep 24, 2008 at 02:46 PM
South Charleston Cops are a joke all they worry about is eating and I guess cutting gas takes away there smell of food.

Posted by: Amy on Sep 24, 2008 at 02:46 PM
OMG!!! Are you kidding me?? I have never heard anything so ridiculous in my life!! Rude?? Absolutely!! Disrespectful?? You bet!! But a battery charge??? Hell no!!!

Posted by: John on Sep 24, 2008 at 02:46 PM
He deserves whatever he gets mostly for the DUI. He's dangerous. If it adds time to the punishment to keep him from driving then GREAT!

Posted by: freddy on Sep 24, 2008 at 02:44 PM
The good news for me is that my gas smells good and I'd be happy to demonstrate that fact to any jury, right after eating a big bowl of beans

Posted by: bl on Sep 24, 2008 at 02:43 PM
ok if it goes to a jury trial will the jurors also get a whiff of the evidence when presented?

Posted by: Anonymous on Sep 24, 2008 at 02:42 PM
if the cop was hot for coming up with that stupid charge, I bet the next idiotic cop would think twice before doing something idiotic like this again. DUI is serious, but a charge for passing gas?, give me a break, the cop should be shot.

Posted by: John on Sep 24, 2008 at 02:42 PM
Don't sneeze or cough near this cop. He may try to get you for having a bio-weapon.

Posted by: Michael on Sep 24, 2008 at 02:40 PM
There's more room out than there is in.

Posted by: Unbelievable on Sep 24, 2008 at 02:40 PM
He is a criminal, period. Charge him with whatever it takes to keep him off the streets. If he intentionally passed gas on the officer, AS THE ARTICLE STATES ("Cruz moved closer to the officer and passed gas on him") then the action is in fact the actual, legal definition of battery, period. The fact that the liberals are coming out in full force to defend this guy is not suprising though. It is that type of simple minded thinking that has allowed for the constant degredation of our society in recent years. You are saying it is okay for this guy to do what he did, and it is not. He deserves to be punished for it, even though action was juvenile. The act of drinking and driving could be trivialized as juvenile, should he get off of that charge as well. I hope that is convicted on BOTH charges and is either deported or spends time in jail prior to deportation if he is illegal.

Posted by: carol on Sep 24, 2008 at 02:39 PM
well that just goes to show you how race plays a role in everything. Had this been a white man. There would have never been another charge..

Posted by: Randall on Sep 24, 2008 at 02:39 PM
The officers name(s) are shown in the criminal complaint. see the link above the story... Everyone who sees him should just start laughing out loud.

Posted by: Bingo on Sep 24, 2008 at 02:38 PM
Methinks the obstruction charge won't stand, since Cruz had no problemo passing gas.

Posted by: Whammo on Sep 24, 2008 at 02:37 PM
He should have been charged with assault with a silent-but-deadly weapon :D

Posted by: West Virginian on Sep 24, 2008 at 02:37 PM
You people are pathetic! The man was driving drunk with his lights off. Would you laugh at the officer if the man had killed someone? In many places in WV smoking is against the law because some people are sensitive to the smoke. Maybe the officer is sensitive to the gas. Can't say that I blame the officer. If someone had done that to me or, even some of you, you would have punched him. If you think that this is funny, let's just fire all police officers and let the drunk drivers have the road.

Posted by: WVmom on Sep 24, 2008 at 02:35 PM
wsaz has managed to put another stupid story online for cnn to pick up. Should get lots of hits on the site today!

Posted by: Anonymous on Sep 24, 2008 at 02:34 PM
Can I have my wife arrested for battery the next time she passes gas on me?

Posted by: Alan on Sep 24, 2008 at 02:34 PM
Give me a break!

Posted by: jerry on Sep 24, 2008 at 02:33 PM
does this mean that if i hold it in i'm guilty of some degree of attempted suicide? (or self flatulation?)

Posted by: will ely on Sep 24, 2008 at 02:31 PM
thats funny wicked funny

Posted by: Tony on Sep 24, 2008 at 02:28 PM
Petty charge. Wasn't the DUI enough?

Posted by: the truth on Sep 24, 2008 at 02:26 PM
Ha. More disgusting Mexicans driving drunk. Viva los estados unidos!!!

Posted by: Lindsay on Sep 24, 2008 at 02:25 PM
I guess he should just kill himself then because bodily functions have now been made illegal.

Posted by: The Big L on Sep 24, 2008 at 02:24 PM
Reminds me of that old Christmas carol..."Do you hear what I hear?" (PPFFFFFFT)

Posted by: Old Joe on Sep 24, 2008 at 02:23 PM
-------------------------------------------------------------------------------- "Posted by: jim on Sep 24, 2008 at 01:00 PM holy flatulence, he's lucky they didn't fill his eyes with pepper spray and use a stun gun on him." Bubba, that would be bad advice! If this old boy had such powerful gas built up in him, just think of what would have been released if he'd been tasered pepper spray used on him... Somebody would have had to call HazMat to clean up the mess. The officer could have had brain damage from lack of oxygen or toxic fumes too....

Posted by: Amy on Sep 24, 2008 at 02:23 PM
Ok I have to say I laughed at S.B.D.'s comment. Nice! Now seriously, if the officer is that much of a pansy that he can't take a drunk passing gas, why is he on the force? Furthermore who's to say he did it on purpose? He's drunk, staggering and probably not all that steady on his feet any lawyer should have a field day with this one. This is just ludicrious that the officer would charge him for this. I guess I shouldn't wear a low cut shirt in case I get pulled over, might be considered public nudity.

Posted by: tee on Sep 24, 2008 at 02:23 PM
This story sounds funny, but he was there for DUI, which is not funny. Lets not forget how serious that can be. He should be charged for the DUI for sure. He should also have some sort of punishment for disrecpect towards an officer.

Posted by: Murph on Sep 24, 2008 at 02:22 PM
The fella might have got away with it if he hadn't hiked his leg, then fanned it toward the officer. Those were definitely no-nos. Also, the fact that it was particularly foul didn't help matters. I think, however, Mr Cruz is being discriminated against. In certain parts of Latin America, ripping one on someone is a perfectly acceptable greeting. Obviously that was his intent. On another note, we should really respect our police officers. Not only going out and risking their lives everyday, but also having drunk mexicans pass gas on you.....it's a rough world out there.

Posted by: Brian on Sep 24, 2008 at 02:20 PM
Get a life! Battery?

Posted by: Scarlett on Sep 24, 2008 at 02:19 PM
Man, if only I'd known this was a crime -- I could've gotten my Dad for child abuse when he let one in the car and laughed when we begged him to roll down the window. Seriously, it was offensive and disrespectful -- but so is asking Barney if the bullets are still in his pocket. Don't think I can get arrested for that -- unless insulting a cop is now a felony. Shouldn't a cop be able to deal with bad behavior without overreacting? I'd hate to see what would happen to the guy who really assaults an officer.

Posted by: Mike on Sep 24, 2008 at 02:18 PM
They'll let anyone be a cop these days..

Posted by: Damian K. Hilton on Sep 24, 2008 at 02:18 PM
What a joke the officer should be removed from service. These things are crazy and something needs to stop the liberties cops are able to take. If you are a formetr cop and you think this is ok you my friend are part of the problem.

Posted by: Charlotte on Sep 24, 2008 at 02:17 PM
HA HA HA HA HA HA HOOWEE! This is one for Leno. Someone hand "One of Our Finest" a box of tissues. Hope this is the worst odor he'll ever smell. Thanks for the moment. Gasp! Sputter!!! LOL

Posted by: Adam on Sep 24, 2008 at 02:16 PM
so that's what that smell was

Posted by: Hillbilly Justice on Sep 24, 2008 at 02:16 PM
Thanks for the laugh Mr Officer!

Posted by: Bob on Sep 24, 2008 at 02:16 PM
Don't they typically have video cameras in the station? I can't wait for that to be released! Jose may be on the verge of a new "musical" career. But I wouldn't want to be right there at his "opening". Maybe he wasn't drunk just dizzy from lack of oxygen in the car!

Posted by: Rob on Sep 24, 2008 at 02:15 PM
Are you kidding me? The whole town should tie down the officer and Fluctuate on him.

Posted by: Me on Sep 24, 2008 at 02:14 PM
Stupid cops. That's not battery. That's assault.

Posted by: Civic-minded Citizen on Sep 24, 2008 at 02:14 PM
Everyone needs to read the actual criminal complaint in the description under Facts, second paragraph. The man scooted his chair approximately four feet and then hiked his leg and passed the gas, and then proceeded to fan it towards the officer. This is not a case of just being drunk and not realizing that he had passed gas. It was a blatant act of disrespect. Now granted, I had no idea that someone could be charged, but it is in the same criteria as spitting, biting, urinating, etc.

Posted by: Youdoingokaystace on Sep 24, 2008 at 02:13 PM
I guess he was passing gas and taking names.

Posted by: F. Art on Sep 24, 2008 at 02:11 PM
It's a good thing this cop didn't get me the other day while I was riding my Harley. I was doing 65MPH and cut one that stayed with me for about a minute and it was able to water my eyes. I probably would have gotten the gas chamber for sure.

Posted by: Jeni on Sep 24, 2008 at 02:11 PM
whoa if it was anything like my husbands sewer gas I feel bad for the cop lol hahahahaha

Posted by: gypsy on Sep 24, 2008 at 02:10 PM
this is the most silly charge i have ever heard of.i am embarressed for the officer and the department.just because they put on a badge and strap on a gun they are not any better than any one else.officers think they are above the laws of this county now they are making their own,he was drunk guys my goodness if he would have wet his pants like some drunks do he'd get life.someone is abusing power and making their department a laughing stalk.wait till this hits utube.

Posted by: Robert on Sep 24, 2008 at 02:09 PM
I wonder if all these anti police commentators would react with in a civil manner if this man had done exactly as reporetd and deliberately unleashed a nasty one on you spitefully while you were only doing your job. I think not, but it is funny though from the readers point of view.

Posted by: Robbie on Sep 24, 2008 at 02:08 PM
OH, Come on. You probably pulled his finger too hard while finger printing him...

Posted by: Steve on Sep 24, 2008 at 02:08 PM
Its a disrespectful thing to do...that cop has to put up with some loser drunk driving without headlights (could have killed someone) this is great...get the smart aleck...what a clown...cops put up with this trash every day, ever watch Jail, the TV show...the restraint they show toward the trash of the world is amazing

Posted by: Tim on Sep 24, 2008 at 02:08 PM
This guy is a hero now. funniest thing I have seen in a long time

Posted by: Justin on Sep 24, 2008 at 02:08 PM
I think its pretty sad when they have to tag an assault on an officer from the guy tooting. What happened to the police just keeping the peace they need to worry about the crimes and deaths committed and work on solving them before they charge a lush with passing gas.

Posted by: L on Sep 24, 2008 at 02:05 PM
and I thought that California was bad!

Posted by: Nichole on Sep 24, 2008 at 02:03 PM
Ashland has the "Duct tape bandit", now Charleston has Jose "the Ripper" Cruz!

Posted by: JJ on Sep 24, 2008 at 02:00 PM
Cops are such morons?What a waste of court time and tax payers money.How about making the ignorant cop pay the court cost.

Posted by: oldphart on Sep 24, 2008 at 01:58 PM
beanie weenies and beer,mmm some cooked cabbage and a real good hot pepper.mmmmm Let her rip,mmm

Posted by: Brian on Sep 24, 2008 at 01:58 PM
Too funny

Posted by: Baked Bean Bob on Sep 24, 2008 at 01:56 PM
Just when you thought things couldnt get any more idiotic... This cop needs to be put in charge of the Evidence Room and not be on the streets with a gun if he's that touchy. I don't think they learn how to deal with situations like this at the police academy, unless you count the exposure to tear and pepper gases. LMAO

Posted by: lorie on Sep 24, 2008 at 01:54 PM
OMG. HOW STUPID! REALLY JUST GOES TO SHOW YOU THEY WILL AND TRY TO GET AWAY WITH ANYTHING...[POLICE].

Posted by: Will on Sep 24, 2008 at 01:52 PM
Great! West Virginia is now fist in something... Laughingstock. Apparently cops will use any device or action to make a charge... Hello Big Brother, good bye intelligence. The charge may stink but it won’t stick!

Posted by: jon on Sep 24, 2008 at 01:52 PM
Officers need to take the higher ground, this is absurd, abuse of power I would say.

Posted by: Jon on Sep 24, 2008 at 01:52 PM
Best news story, ever.

Posted by: Mike on Sep 24, 2008 at 01:51 PM
Now I ther IS something I can do when someone lets loose on the airplane... besides turn the air vent on max, breathe through my mouth and silently wish bad horrible things upon the culprit.

Posted by: William on Sep 24, 2008 at 01:51 PM
you can't tell me that the officer has never played the phart game....c'mon, gimme a break!

Posted by: to texas lady on Sep 24, 2008 at 01:49 PM
I don't think anyone is defending the drunk driver. They are simply saying how ludicrous this charge is, and not to mention funny. But he does deserve to be punished for the DUI!!!Get over yourself...

Posted by: John on Sep 24, 2008 at 01:48 PM
Bringing charges like that hurt the image of the police more than they punish the culprit.

Posted by: gotcha! on Sep 24, 2008 at 01:47 PM
Poor cop. what a bruising he must have taken with that one.! I don't doubt that is battery by mild explosion. He was probably partly blinded when his eyelashes were burned off.

Posted by: fred on Sep 24, 2008 at 01:44 PM
This is why i hate cops. I hope he reads these posts and realizes what a waste of space he is. For the people that defend him you also are wastes of space. I hope he gets off the dui now.

Posted by: Barbara on Sep 24, 2008 at 01:44 PM
I think this is very sad. WV has a hard enough time getting any respect at all and this will only make matters worse. The man was arrested for DUI and I do believe drinking causes gas.

Posted by: Paul on Sep 24, 2008 at 01:44 PM
Truly an assault with a deadly weapon!

Posted by: cajun fan on Sep 24, 2008 at 01:43 PM
YES!

Posted by: Ron on Sep 24, 2008 at 01:43 PM
good gosh, I've been breaking the law for 56 years and didn't know it. Don't tell my wife it's against the law or I'm finished.

Posted by: Anonymous on Sep 24, 2008 at 01:40 PM
Granted I giggled when I heard this. As did every morning radio show in America that talked about it today. BUT, that being said. That was a very rude and disgusting thing to do. If a person would spit on an officer when being arrested, they are charged with battery. This is essentially the same thing. Cops put their life on the line each and every day. But most people just put them down and treat them with disrespect. If you don't like how this cop did his job, then I suggest you go and apply for the job. You wouldn't last a week doing what cops do every day. BTW, thank you for getting this drunk driver off the road before he killed somebody. If he had, none of you would be laughing about this.

Posted by: Mike on Sep 24, 2008 at 01:40 PM
You would think differently if you were a police officer. STOP HATING!

Posted by: Bill on Sep 24, 2008 at 01:39 PM
And aggravated battery is throwing up on the cop.

Posted by: KADO on Sep 24, 2008 at 01:38 PM
lololoolololololololol

Posted by: grammar on Sep 24, 2008 at 01:35 PM
If I were the cop, I'd be more concerned about not being able to write intelligently. Poor grammar and punctuation.

Posted by: Bean Dinner on Sep 24, 2008 at 01:35 PM
OK Heres the idea.Lets have a beanfest.Donate all the money to charity.And bottle the gas for this winters heating..lmao!!!

Posted by: how funny on Sep 24, 2008 at 01:35 PM
now how lame is this?!?this is funny, then i have committed battery on all my friends and family members..lmao

Posted by: Zed on Sep 24, 2008 at 01:34 PM
America is Dead to me. It is a terrible place filled with terrible people.

Posted by: Hurricane on Sep 24, 2008 at 01:34 PM
hahahahahaha ARE YOU SERIOUS ????? HAHAHAHAHAHAHAHa there is more CRIME out there than you can shake a stick at and we have this GEEEzZZzEE Maybe the cop was jelous I cant believe this

Posted by: S.B.D. on Sep 24, 2008 at 01:33 PM
Thank goodness for my concealed weapons permit, otherwise I could be charged with a felony after hitting the Taco Bell drive through now.

Posted by: T J Mitchell on Sep 24, 2008 at 01:33 PM
If the officer had no sense of smell, would there have been a crime? If a tree falls in the woods, .....

Posted by: Robert Krohn on Sep 24, 2008 at 01:32 PM
Hey, he was feeling a lot of "pressure" Probably "tear" gas

Posted by: Anonymous on Sep 24, 2008 at 01:31 PM
Why would you even put this on the news. This is part of the reason I have stopped watching the news.

Posted by: Cajun on Sep 24, 2008 at 01:28 PM
You have the right to remain silent... silent but deadly.

Posted by: Doug on Sep 24, 2008 at 01:27 PM
We the jury find the Defendant guilty of Felonious Flatulence. Geat real!

Posted by: Peter on Sep 24, 2008 at 01:27 PM
Well SNL has already showed that they are low quality garbage. The pereson moved basically onto the Cop and passed gas on him, its the same as sneazing in the face of someone. I wouldve charged assault, but battery is pushing it. Seven year Military Policeman...

Posted by: OMG.... on Sep 24, 2008 at 01:24 PM
What is wrong with the police officers today..my husband passes gas everday can i get him for spouse abuse....LOL....i mean this is ridiculous....

Posted by: LAUGHTER on Sep 24, 2008 at 01:24 PM
IS THERE ANY EDVIDENCE HELD WITH THIS CHARGED FOR THE COURTS DID THE COP PUT THE EVIDENCE IN THE EVIDENCE ROOM

Posted by: Papajack on Sep 24, 2008 at 01:22 PM
MMM, Boiled eggs and beer . . . very aromatic. Through in some pickled pigs feet and you have felony flatulent assault.

Posted by: Cato on Sep 24, 2008 at 01:21 PM
A phart is a phart, said Art to Mark; A phart IS a phart, Mark, to him, said Art. A phart by any other name is still a phart (Shakespeare); Pharting is such sweet sorrow (Ditto); A pharting of the ways results when the stink is an aromatic reflection of that which has eminated from the yet fermenting buildup of an abundance of a previous day's recycled beans and rice con salsa picante. Som don;'t let anyone fool you, because that's the way it is!

Posted by: LAUGHTER on Sep 24, 2008 at 01:19 PM
IM ALWAYS TOLD THERE MORE ROOM OUT THEN IN I WANT TO BE IN THE COURT ROOM WHEN THIS CHARGE COMES UP IS THE COP THAT PINNED THE CHARGE GOING TO SHOW UP FOR THIS HEARING

Posted by: Stu on Sep 24, 2008 at 01:18 PM
Gas I'd better stay out of that county.

Posted by: Anita on Sep 24, 2008 at 01:18 PM
I guarantee they will use this story as the basis for an episode of "Law & Odor"

Posted by: Steven on Sep 24, 2008 at 01:17 PM
lol this was on Drudge Report...

Posted by: Jason on Sep 24, 2008 at 01:15 PM
I would have life without parole.

Posted by: Jack on Sep 24, 2008 at 01:14 PM
Good thing he did not eat my wife's food prior to arrest. He would have been charged with attempted murder.

Posted by: John M. on Sep 24, 2008 at 01:13 PM
How F. Stupid. Goes to show that they will give a gun and badge to anyone! Battery, a joke!

Posted by: Bob on Sep 24, 2008 at 01:13 PM
Here in Missouri we would call the Self Defense move.

Posted by: Texas Lady on Sep 24, 2008 at 01:12 PM
You people chastising the officer and defending the drunk are pathetic. The article states "Cruz MOVED CLOSER to the officer and PASSED GAS ON HIM." Drunk or not, the loser did it on purpose. Got what he deserved.

Posted by: Stinky on Sep 24, 2008 at 01:11 PM
If this guy gets charged with battery, I should arrest my husband and kids everyday for passing their gas on me!

Posted by: Nick on Sep 24, 2008 at 01:11 PM
That charge will get dropped.

Posted by: JT on Sep 24, 2008 at 01:10 PM
Sheesh, try to save the planet by making your own methane...

Posted by: Jack on Sep 24, 2008 at 01:09 PM
Battery is the wrong charge - it should have been assualt with a silent but deadly weapon.

Posted by: David on Sep 24, 2008 at 01:09 PM
It has become rididulous what a citizen of the U.S. can be charged for. There are so many laws on the books that anyone is a felon or criminal at any given point in time. We just haven't been charged. Flatulating would not be an obstruction of justice either--it would be an emmanation of justice!

Posted by: Mike on Sep 24, 2008 at 01:07 PM
I heard they confiscated his underwear to measure the skid marks.

Posted by: Steve on Sep 24, 2008 at 01:07 PM
Drunk driving with his headlights off? The story failed to add the most important detail that he is probably an illegal alien and there are lots of citizens being killed or injured in hit and runs by these people who have no respect for our laws or country. It's "funny" until someone in your family is killed or injured.

Posted by: Bubs on Sep 24, 2008 at 01:07 PM
Here's a helpful link: http://www.beanogas.com/

Posted by: Mordecai on Sep 24, 2008 at 01:06 PM
Lots of people have asked "how can this be battery?" Tennessee's assault statute covers this as a contact that a reasonable person would regard as extremely provocative and offensive. If hispanic flatus don't fit that description, I don't know what does.

Posted by: Neil on Sep 24, 2008 at 01:05 PM
Hilarious, this cop and his superiors who approved this should be fired immediately. This looks like a first abuse of power and mistreatment of the public. It can only lead to more of the same and worse in years to come.

Posted by: Chris on Sep 24, 2008 at 01:05 PM
I think he deserves the death penilty for this! lol JOKE!

Posted by: silent but deadly on Sep 24, 2008 at 01:03 PM
we have an officer down. somebody light a match!!

Posted by: Casto Man on Sep 24, 2008 at 01:03 PM
Folks, Check your ignorantly fueled indignance at the door The Legal Definition of Battery INCLUDES: "contact that may constitute battery which causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will."

Posted by: Officer Wiggum on Sep 24, 2008 at 01:03 PM
If it had the smell of donuts, this would have never had happened.

Posted by: Cindy on Sep 24, 2008 at 01:02 PM
HOW STUPID!!!!

Posted by: Karl on Sep 24, 2008 at 01:01 PM
I'm sure this will end up being Bush's fault. Bush's Baked Beans.

Posted by: Carlo on Sep 24, 2008 at 01:01 PM
It would have been Assault and Battery if he's said "Pull my finger!"

Posted by: Ice on Sep 24, 2008 at 01:01 PM
This is why I hate cops. You hurt their feelings, you get arrested. Word

Posted by: Timmay on Sep 24, 2008 at 01:00 PM
Well...there you go. Another alternative energy resource for both political parties to debate over

Posted by: jim on Sep 24, 2008 at 01:00 PM
holy flatulence, he's lucky they didn't fill his eyes with pepper spray and use a stun gun on him.

Posted by: Fireman John on Sep 24, 2008 at 12:59 PM
So if he "Blue Flamed" him , would he have been charged with arson?

Posted by: Deb on Sep 24, 2008 at 12:59 PM
The cops names are in report above.

Posted by: Anonymous on Sep 24, 2008 at 12:59 PM
why do people keep saying huntington. this was in charleston. read before you comment

Posted by: Chris's Entourage on Sep 24, 2008 at 12:59 PM
OMFG!! WTF!!! What is this countr turning into? Wait. Don't answer. I know already. It's the NWO AMERIKA!

Posted by: LX on Sep 24, 2008 at 12:58 PM
2, 4, 6, 8 EVERYONE EVACUATE! (PFFFFFFT)

Posted by: Chad on Sep 24, 2008 at 12:58 PM
Bad boys, bad boys...what ya gonna do? What ya gonna do when they toot on you? Only in West Virginia LOL

Posted by: Jon on Sep 24, 2008 at 12:58 PM
Is there an additional charge regarding noise abatement?

Posted by: Anonymous on Sep 24, 2008 at 12:57 PM
this is hilarious!!!! Battery for passing gas!!! Get real!!!!!!

Posted by: Nicolas Waisman on Sep 24, 2008 at 12:57 PM
What does it mean to "pass gas on" someone? Especially, what's the meaning connection between the above and the second sentence -- "charged with battery"? Best regards, Nico

Posted by: AL on Sep 24, 2008 at 12:56 PM
LMAO!! You have got to be kidding. This is sooooooo stupid. This makes this police department the joke of law enforcement. Can't wait 'till SNL get's a hold of this.

Posted by: stink police on Sep 24, 2008 at 12:55 PM
The police offer going on disability.... He can no longer taste donuts since the flatulent imparied his sense of smell.

Posted by: Robert on Sep 24, 2008 at 12:54 PM
Only in W. Va. ...please tell me that this is a joke??? If an officer was going to investigate a disturbance at a home, and the septic tank "passed gas", would the homeowner be charged?

Posted by: stephan on Sep 24, 2008 at 12:53 PM
Then I'm probably a felon.

Posted by: Gwen on Sep 24, 2008 at 12:53 PM
This is just about the stupidest thing i have heard of. Of all the things they should really be concerned about and instead of tryng to find criminals they are worried about somebody passing gas. Is this all they have to do with our tax money deal with people passing gas on a cop!!!!!!!PLEASE

Posted by: Pullmafinger on Sep 24, 2008 at 12:53 PM
If passing gas is now a crime, I must confess that I am in violation several thousand times over. I guess that soon I will be getting sent away to some sort of special well ventilated prison.

Posted by: william on Sep 24, 2008 at 12:53 PM
this is so stupidthe cop needs to lose his job over this. the system is so messed up as it is. when a cop can put a charge on you for that well that is abuse of power by the cop and needs to be delt with.

Posted by: This Guy on Sep 24, 2008 at 12:53 PM
Why are people sticking up for this guy? That's messed up to do that intentionally to someone, especially a police officer. He got what he deserved.

Posted by: Steve S on Sep 24, 2008 at 12:52 PM
"You have the right to remain silent - but deadly."

Posted by: Alan on Sep 24, 2008 at 12:51 PM
Being an ex-cop, I can't imagine charging someone with battery for passing gas. I worked in DC and all this would have been good for is a laugh around the station house. Police work must have changed over the years.

Posted by: Wow on Sep 24, 2008 at 12:50 PM
Whats that smell?

Posted by: gh on Sep 24, 2008 at 12:49 PM
shhh. don't tell women we can all get arrested for this now.

Posted by: Jean on Sep 24, 2008 at 12:48 PM
I'd like to know how passing gas is suddenly a crime of battery seeing how he DID NOT TOUCH THE OFFICER!!!

Posted by: Anonymous on Sep 24, 2008 at 12:47 PM
wouldn't a law like this be racist?

Posted by: JWS on Sep 24, 2008 at 12:47 PM
If anyone had lit a match, they also could have gotten him for bombing a police station.

Posted by: Rocker on Sep 24, 2008 at 12:45 PM
WOW, sounds like the cops belong to one of these environmental extremist groups and will not tolerate air pollution of any kind.

Posted by: anonymous on Sep 24, 2008 at 12:45 PM
Please tell me this is a joke. I understand it was a childish thing to do but battery? This is by far one of the most ridiculous things I've ever heard. I guess when anyone passes gas around me from now on I should now call the local police out of fear for my safety. LOL!!! I mean wow....gas...how incredibly dangerous. This charge shows just how ignorant people can be and it reflects poorly on our local law enforcement. Give me a break.

Posted by: Debbie on Sep 24, 2008 at 12:44 PM
Now wsaz, you knew this would draw comments, where did they go? I hope this cop never gets around my husband. LOL

Posted by: refried beans on Sep 24, 2008 at 12:44 PM
can't wait till larry the cable guy hears about this one .....

Posted by: THIS IS CRAZY!!! on Sep 24, 2008 at 12:44 PM
So there for if i have to take my babies to the police station for something and one of my babies pass gas while i'm talking to a officer does that mean that my babies are gonna get charged for battery of a police officer!! Was there nothing else he could've come with to charge him for? I mean i understand the DUI!!! But come on passing gas!!! Dude i hope your wife/girlfriend does'nt ever get mad at you because if you ever pass gas she might just get you for battery!!! LOL!!! What a world!!!

Posted by: Jackal on Sep 24, 2008 at 12:42 PM
Come on people. The arresting officer, as well as every one else knows this will be thrown out/dismissed. The cop was just responding with a little "hot air" of his own. This is great. Haven't you people ever heard of "respect"? If you disrespect the police, you will get exactly what you deserve.

Posted by: stinky! on Sep 24, 2008 at 12:41 PM
Way to go Mr. Cruz! try gasX next time

Posted by: jean on Sep 24, 2008 at 12:41 PM
Some of you that posted should do stand up comedy!I've laughed till my sides hurt."cop going on disability!"LOL

Posted by: mooseburger on Sep 24, 2008 at 12:40 PM
what a wash. will be thrown out on appeals --gassing can be an involuntairy action of the body so that is what this person can claim.

Posted by: Goodgrief on Sep 24, 2008 at 12:40 PM
Does this mean whenever my teenage nephew's pass gas in a store they will be charged with battery on the surrounding shopper's? Do you know how much fun a teenager can have trying to gross out the populace around them? Jeepers this cop needs to give it a rest and get over himself.

Posted by: david on Sep 24, 2008 at 12:39 PM
We need to do more of this! Toot on dirty cops, toot on corrupt judges, toot on arrogant mayors.

Posted by: Alphie on Sep 24, 2008 at 12:39 PM
Mr Cruz had, had alot of beans and cheese prior to being arrested and with the police on him just made his stomach feel worse and couldn't hold it....come on officer, passing gas is not a crime be considerate.

Posted by: OMG on Sep 24, 2008 at 12:38 PM
is this a joke or what? you have got to be kiddig me...i think this is just about the most rediculous charge i've ever heard of other than the inmate getting in trouble for giving another inmate a little debbie cake, get real this is a way beyond useless charge...

Posted by: RICK on Sep 24, 2008 at 12:37 PM
CITIZENS ARREST!! CITIZENS ARREST!!

Posted by: G on Sep 24, 2008 at 12:37 PM
Where do I file charges? I should be able to file about 375,392 counts of assault against my husband.

Posted by: john on Sep 24, 2008 at 12:36 PM
maybe homeland security should be called in - could be terror gas...

Posted by: Anonymous on Sep 24, 2008 at 12:35 PM
Good thing he didn't burp first; then it would have been "Assault and Battery".

Posted by: poor wife on Sep 24, 2008 at 12:35 PM
That's it, I want my husband arrested!!!! I keep telling him that he's not right now there is proof!!!!

Posted by: julio on Sep 24, 2008 at 12:35 PM
i know i guy that would get the death penalty

Posted by: Jack on Sep 24, 2008 at 12:35 PM
It's a good thing he didn't mess his pants, that would have been grounds for the death penalty.

Posted by: Ron on Sep 24, 2008 at 12:35 PM
Am serving in the National Guard in Afghanistan and Am also a Police Officer in New York City, and that is the most ridiculous thing I ever heard. That officer should see the people I have to deal with from time to time. I think he would not like the way they smell! You giving Police officers a bad name!

Posted by: Getting on Sep 24, 2008 at 12:34 PM
Cavity searches just got a lot more dangerous.

Posted by: Ice on Sep 24, 2008 at 12:34 PM
You know, what noone on here seems to read is that the guy intentionally moved his body in order to pass gas on or in the officers direction. We urinate every day, but if one were to urinate on a police officer while being booked wouldn't they be charged for that? The deal isn't that this drunk passed gas, it is the other that he is being charged for. Hey great job in getting this drunk off of our streets officer! And hey WSAZ, you made Drudge

Posted by: Tom on Sep 24, 2008 at 12:34 PM
This is too darn funny. All of my friends out of state are calling and laffing. Only in good old country boy West Virginia USA!

Posted by: AZ_Lawman on Sep 24, 2008 at 12:33 PM
A few years ago I had an individual I brought in for booking going through a serious allergy attack - during a bout of sneezing he lost a chunk of phlegm on the desk in booking, and the jailers wanted to charge him with assault, never mind that he ws handcuffed behind his back and physically could not cover his mouth, nor could he turn where one of the jailers wasn't going to be in the line of fire. Sadly, some members of the law enforcement profession can't resist an opportunity to add additional charges onto any given suspect.

Posted by: Stinky on Sep 24, 2008 at 12:32 PM
....then I'm a felon...

Posted by: Real on Sep 24, 2008 at 12:31 PM
My body is a weapon.

Posted by: Axel on Sep 24, 2008 at 12:31 PM
Well, this item made it on to the Drudge Report. Reckon your reporter deserves a raise for this?

Posted by: Multiple on Sep 24, 2008 at 12:30 PM
talk about an assault on your senes...

Posted by: yukon mike on Sep 24, 2008 at 12:29 PM
Another weapon for Al-Qaeda to consider in a crowded airplane.

Posted by: anonimous on Sep 24, 2008 at 12:29 PM
I guess he should've contacted his attorney before he gave up his right to remain "silent".

Posted by: Legitimate on Sep 24, 2008 at 12:28 PM
Wouldn't be surprised if the officer develops PTSD, post traumatic smell disorder.

Posted by: Denise on Sep 24, 2008 at 12:27 PM
I dont know why everyone is putting wsaz down for running the article they arent the idiot cop who was embarrassed and overcharged a guy if it wasnt for wsaz runnign the story how would we know how stupid the police are and no not all of them but to me that is abuse of that police officers power.

Posted by: geecee on Sep 24, 2008 at 12:27 PM
What a little stinker!!!!! He was just having a "bad gas" day. Bottle it us and let's use it to bring down the price of gas at the pump.

Posted by: Grammar is optional on Sep 24, 2008 at 12:26 PM
Wow! I'm more shocked at the incompetence of the police officer's rules of grammar. No punctuation, mis-spelled words and fragments posing as sentences. Maybe the officer should return to grammar school instead of worrying about gas.

Posted by: Hello on Sep 24, 2008 at 12:26 PM
What a story.Makes me want to let a big one out.

Posted by: Anonymous on Sep 24, 2008 at 12:26 PM
same old WV

Posted by: Tim on Sep 24, 2008 at 12:26 PM
I guess I commit battery about 100 times a day. More when I have espresso.

Posted by: kim on Sep 24, 2008 at 12:25 PM
This is why the rest of the country makes fun of WV. He had the same bond as the parents that locked thier kids up and did'nt feed them. WOW

Posted by: Jim on Sep 24, 2008 at 12:25 PM
This cop should have a mental evaluation. Do we really what someone like this cop carrying a loaded gun? Also, this Cop needs to be charged with making false charges. Flatulence is not a crime.

Posted by: Rob on Sep 24, 2008 at 12:25 PM
I'm wating for the cop to declair workers compensation for injury. I can see if it was so noxious that he was threatened with asphixiation: just a fine example of our under educated pension and entitlement demanding donut chocking wimps.

Posted by: bill on Sep 24, 2008 at 12:24 PM
They should have put him in the Gas Chamber first.

Posted by: jay on Sep 24, 2008 at 12:23 PM
This story should take precedence over the current financial crisis. Why wasn't it given top billing in today's newspapers? It's a major turning point in our society when flatulence rightly recongnized as a felony. I sincerely hope the officer is recovering and I offer him and all other battered law officers my absolute support. There will be a march on Washington coming up later in October of this year.

Posted by: LOL on Sep 24, 2008 at 12:22 PM
LMAO!! Lets all pass some gas,and call the law on each other.OOOOPPPSS,I think that one ripped my pants..LOL!!!

Posted by: Anonymous on Sep 24, 2008 at 12:21 PM
that goes to show you that the policemen can do anything they want to you & charge you with anything. the boy that passed gas on this man should not be charged with battery. the police officer should be ashamed of hisself to charge this man & send him to jail even longer over passing gas. EVERYONE PASSES GAS!!!!!!!!!!!

Posted by: HAS on Sep 24, 2008 at 12:20 PM
Clearly a case of ethnic stereotype and intimidation. !OLE!

Posted by: Guy on Sep 24, 2008 at 12:20 PM
Well they pulled his finger to get the finger print - What did you expect him to do!!!

Posted by: LMAO on Sep 24, 2008 at 12:19 PM
So, can I have my husband arrested for battery too? :)

Posted by: Jon on Sep 24, 2008 at 12:19 PM
This is one of the best news stories I have ready all week. Its nice to have a break from all the other serious news once in a while. Way to go WSAZ!

Posted by: Anonymous on Sep 24, 2008 at 12:18 PM
if passing gas will make you a criminal, well, then my hubby will prob end up on death row waiting on the gas chamber!!! LOL

Posted by: Mark on Sep 24, 2008 at 12:17 PM
That stinks.

Posted by: tigger 567 on Sep 24, 2008 at 12:16 PM
I guess there is no evidence. It will get tossed.

Posted by: Yoda on Sep 24, 2008 at 12:16 PM
The force, with this one, strong, it is.

Posted by: Denis on Sep 24, 2008 at 12:16 PM
This is hilarious!! The guy looks like a prankster too! Cops need to chill & get over their 'better-than-you' attitude! I hope Cruz goes free.

Posted by: Johnny on Sep 24, 2008 at 12:16 PM
This is hilarious! These poor cops have to put up with all kinds of disrespect and now they are fighting back! You know that guy had to have been eating some nasty beans in some bar somewhere getting wasted. I bet it did smell!

Posted by: Dave on Sep 24, 2008 at 12:16 PM
Don't tell my wife. This would give her the grounds she's looking for.

Posted by: Cee on Sep 24, 2008 at 12:15 PM
That is crazy. Passing gas is a natural part of our body's function and I think that it is stupid to charge him with battery for doing something as natural as passing gas.

Posted by: Manly Man on Sep 24, 2008 at 12:15 PM
On the bright side, once the other inmates "get wind" of his offense he won't have to worry about being anyone's b!^ch.

Posted by: Bohica on Sep 24, 2008 at 12:15 PM
"They hate our freedom." Yup, that's it.

Posted by: Bluzman on Sep 24, 2008 at 12:15 PM
What did they expect to happen.....they were pulling his finger while trying to print him......

Posted by: ConanTheLibertarian on Sep 24, 2008 at 12:14 PM
Nice rip, Cruz.

Posted by: Terri on Sep 24, 2008 at 12:14 PM
charles carroll! Are you kidding me? Get some ethnic background? DOES IT LOOK LIKE WE ARE IN MEXICO?? NO! As funny as this is, your just a freakin moron for suggesting such nonsense. Since you know so much, why not move yourself to Mexico and let him take your spot, he obviously doesn't want to be there and seems like you know so much about them, you should fit right in!

Posted by: Brian on Sep 24, 2008 at 12:14 PM
If this holds up in court,my mother in law is looking at life in prison

Posted by: SamP on Sep 24, 2008 at 12:14 PM
I'm sorry but passing gas is not battery. I think we need to get a little bit tougher, we are starting to look a little weak.

Posted by: Jack G. Daniel on Sep 24, 2008 at 12:13 PM
Whoooeee!!!!

Posted by: Beetle on Sep 24, 2008 at 12:12 PM
This additional charge is an abuse of power. The officer mocks the judicial system. I not only hope that the judge throws this out but holds the officer in contempt of court.

Posted by: Beno Gas on Sep 24, 2008 at 12:12 PM
Smells, I mean sounds like it's the gas chamber for this guy.

Posted by: Tim on Sep 24, 2008 at 12:11 PM
OMG! This is the FUNNIEST story I've read in years. Hands down. Shame on the guy for the DWI, but to add insult to injury (so to speak) the gas attack is over the top hilarious. Drudge Report for God's sake!! Too much. Must. Stop. Laughing. Go. Back. To. Working.

Posted by: joe on Sep 24, 2008 at 12:11 PM
No word on imigration status?

Posted by: Sixth on Sep 24, 2008 at 12:11 PM
I guess Cruz didn't pass the sniff test.

Posted by: Scott on Sep 24, 2008 at 12:10 PM
Why is anyone surprised? The Silent but Deadly protections acts was "passed" over 20 years ago.

Posted by: Scott on Sep 24, 2008 at 12:10 PM
People are defending this guy??? People are defending a right to pass gas? What did you all go to public school or something? He was drunk driving! Charge the fool with everything we can and keep him off the road as long as possible so he doesn't kill someone. Try something new and support the police who are trying to do everything they can to keep this bad guy from running you over some night. Good grief I hope you all aren't registered voters.

Posted by: anonymous on Sep 24, 2008 at 12:09 PM
Who fired that shot?

Posted by: Beno on Sep 24, 2008 at 12:09 PM
seems some district attorney is still sulking about not being able to get a corporate job

Posted by: Patrick on Sep 24, 2008 at 12:08 PM
The cop would have tazed him but was afraid of an explosion.

Posted by: Rob on Sep 24, 2008 at 12:07 PM
Now this is rich!!! Can we sue for offensive gas by coworkers now??? OMG...This is the funniest thing I have ever heard...

Posted by: natalie on Sep 24, 2008 at 12:07 PM
how funny is this. i have heard it all now.

Posted by: Ever on Sep 24, 2008 at 12:06 PM
That is one good officer, he sure has a nose for trouble.

Posted by: Ola on Sep 24, 2008 at 12:05 PM
He is only responding to a natural call. I think he should not be penalised for it but he should be warned against such behaviour because in my opinion, it's not acceptable.

Posted by: Bob Johnson on Sep 24, 2008 at 12:03 PM
The guy deserved to be arrested for DUI but a charge for passing gas. And people wonder why the police are losing credibility and respect.

Posted by: forest on Sep 24, 2008 at 12:03 PM
I guess my wife can sue me for "battery". No more "pull my finger" jokes with my boy either, less I get charge with child abuse. That cop is an idiot!

Posted by: Derek on Sep 24, 2008 at 12:03 PM
The guy should have used the silent but deadly approach. Battery? please..

Posted by: Johnny on Sep 24, 2008 at 12:02 PM
From a Cop, give me a break!

Posted by: cin on Sep 24, 2008 at 12:02 PM
to rachel @ 8:05 am this didn't occur in huntington duh! this guy really should have been smacked up-side the head instead but........

Posted by: Deb on Sep 24, 2008 at 12:01 PM
Ask a Doctor-I have heard that they will tell you it's not healthy to hold it in.

Posted by: Anonymous on Sep 24, 2008 at 12:01 PM
rachel read the story better before you comment..this happened in charleston not huntington. this guy still needs to be booked for dui and it's obvious he was being a punk read the report before you comment. this was total disrespect for the officer involved i would charge him with everything i could if he would have done it to me.

Posted by: JChuck on Sep 24, 2008 at 12:01 PM
Does WVA have a gas chamber like California did? That would be a fitting punishment.

Posted by: Anon on Sep 24, 2008 at 12:00 PM
I hear the cop is now going on disability.

Posted by: Conway on Sep 24, 2008 at 11:59 AM
Rachel are you confused or just plain dumb. The article is about South Charleston...not Huntington.

Posted by: Charlie M. on Sep 24, 2008 at 11:59 AM
He should of been charged for emission of green house gases. And as for carrol. This AMERICA ISN'T IT?

Posted by: Mikey on Sep 24, 2008 at 11:58 AM
Does this surprise anyone ? Cop ego's are easily bruised and they lash out.

Posted by: Joyce on Sep 24, 2008 at 11:58 AM
What were you doing in W. Virginia?

Posted by: Guzzler on Sep 24, 2008 at 11:56 AM
HA! I wish I had thought of that when I got arrested for DUI! Thought pigs liked methane.

Posted by: Al on Sep 24, 2008 at 11:55 AM
You're all upset because he's charged with a valid crime? Battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Injury need not exist, and from reading the article, the "substance put in motion" was directed at the officer. Not saying its right, just valid.

Posted by: laughing to bust a gut on Sep 24, 2008 at 11:54 AM
so im hearing if my husband passed gas close to me and had a strong odor i can get him for battery i bet this makes national news another laugh at wv hillbillies and if i bust a gut from laughter from this who will my husband sue if i die?

Posted by: Mark on Sep 24, 2008 at 11:54 AM
Good! Also, his immigration status should be checked, and in the case of any deficiency, he should be deported after serving his time in jail.

Posted by: shari on Sep 24, 2008 at 11:54 AM
Should I be a good citizen and turn my husband in to the police? He commits this kind of "battery" on me all night long.

Posted by: ARTHUR on Sep 24, 2008 at 11:54 AM
TO MANY COPS WATCH COPS AND HAVE THIS TUFF GUY US AGAINST EVERYONE ADDITUED. THE WORST ARE THE SUBURBAN COPS WHO HAVE A BIG CHIP ON THEIR SHOULDER OR NAPOLIAN COMPLEX THEY SHOULD WORK A SHIFT IN A LARGE CITY LIKE NY, PHILA, LA AND SEE IF THEY COULD CUT IT. EVERY LARGE CITY COP YOU EVEN ASK DIRECTIONS OR A QUESTION TREATS YOU LIKE A PERSON, SUBURBAN BARNEY FIFE'S LOOK AT YOU LIKE YOUR A PERP. EVER SEE A MOM WITH 3 KIDS IN CAR SEATS PULLED OVER FOR A TRAFFIC INFRACTION AND THERE IS 3 OR 4 POLICE CARS. GET A LIFE.

Posted by: Ike on Sep 24, 2008 at 11:53 AM
You should have seen the stink bomb I left on Texas, and I was able to escape to Canada before getting caught.

Posted by: skybyrd on Sep 24, 2008 at 11:53 AM
dear God,,,battery??? why not stick to the ones who really batter people like those 2 parents who locked their 3 kids up!!! gee, give me a break! Jay Leno will have a field day with this!

Posted by: KG1 on Sep 24, 2008 at 11:52 AM
I have no sympathy for Cruz. For driving under the unfluence he should be taken out and shot. Unfortunately that can't happen, so if the police can add to his punishment, so much the better.

Posted by: keith on Sep 24, 2008 at 11:52 AM
This is great--Now we can dial 9-1-1 when a co-worker drops a bomb at the copier.

Posted by: Colorado on Sep 24, 2008 at 11:51 AM
Will there need to be addtional label warnings put on packaging for the "musical fruit".....eating this product may result in battery charge.

Posted by: Gregg on Sep 24, 2008 at 11:51 AM
OMG just how stupid can things get? This cop should be shown the unemployment line ASAP!!!!! If the Chief or Mayor doesn't step in and have the charge dropped I see a huge court settlement and taxes rasied to cover it.

Posted by: Real Cop on Sep 24, 2008 at 11:51 AM
Fire that thin skinned cop before they sue the department for harassment, because its only a matter of time. I'd be surprised if the FBI didn't investigate this one for Abuse under the color of authority.

Posted by: eric on Sep 24, 2008 at 11:50 AM
this is so funny that it made the bob&tom show this morning

Posted by: Ralph on Sep 24, 2008 at 11:50 AM
Wow! West Virginia is catching up with Arkansas in stupidity. This is so typical of abusive police behavior. Not that police are habitually abusive, but when they are, they go nuts like this. Stupid cop! Bad cop! No donut!

Posted by: Rusty on Sep 24, 2008 at 11:49 AM
This guy is my hero.

Posted by: Mary on Sep 24, 2008 at 11:49 AM
This story is so ridiculous! Not that the man was arrested for DUI but for getting charged for battery because he passed some gas. That is just stupid. Why don't the cops go out and find the husbands that beat their wives or the murderers and thieves.

Posted by: Brock on Sep 24, 2008 at 11:47 AM
CHARLESTON, your cops are hillbilly nuts. UNbelievable. I sincerely hope this makes Saturday Nite Live. This is Too funny.

Posted by: gene on Sep 24, 2008 at 11:47 AM
these cops need to look for another job. how can they charge him with this. you cannot stop a bodily function.

Posted by: Leno, Letterman, Stewart on Sep 24, 2008 at 11:46 AM
well you can get charged and arrested here for 40 yrs if you steal a couple of purses while child molestors get parole now you can get charged with passing gas...hmmm and people wonder why the rest of the country laughs at us? at least he wasn't sharing a Little Debbie snack cake (I hope) Wait until Leno, Letterman and Jon Stewart get ahold of this one!

Posted by: Citizens rights. on Sep 24, 2008 at 11:46 AM
Protect and Serve, what a load. A man wearing body armor, carrying a loaded firearm with a few of his tough buddies there to protect him charges this man with Battery. This is important and incidents like these need to be discussed. http://www.lewrockwell.com/orig8/spielberg6.html Read this article!

Posted by: George on Sep 24, 2008 at 11:45 AM
I can here the other officers now. Hey, you're wife is on the phone. She's on line toot!

Posted by: Anne on Sep 24, 2008 at 11:44 AM
Thanks for the laugh, I needed it. I can't even think of anything that can top this for pure stupidity ;o)

Posted by: Gary on Sep 24, 2008 at 11:44 AM
I can only begin to think of the crimes I have committed by pulling the bedsheet up over my wife and assaulting her.

Posted by: Anon on Sep 24, 2008 at 11:44 AM
You have got to be kidding!!!!I seen this on the news and I felt bad that Tim Irr had to report this,I think it was all he could do to keep from laughing...

Posted by: Anonymous on Sep 24, 2008 at 11:44 AM
Sorry but this story is a real stinker. What a desperate criminal dang those bean burritos! If he had only thought and bought himself one of those permits sold in Myrtle Beach allowing one to pass gas. He would have been out of jail free! Darn his luck. I'm surprised that the whining officer didn't charge him with attempted murder! LMAO Warning to public watch those toots! LOL

Posted by: Flannigan on Sep 24, 2008 at 11:43 AM
NEW CRIME: BATTERY BY AIR BISCUIT!

Posted by: Gary on Sep 24, 2008 at 11:42 AM
Obviously this drunk had no respect for himself, other drivers, or law enforcement. If I were the judge, I'd give this drunk driver lots of quality time to think about it.

Posted by: TO ANON on Sep 24, 2008 at 11:41 AM
GET A LIFE ITS FUNNY! BETTER THAN HEARING ABOUT WHO DIED OR WAS BUSTED FOR DRUGS EVERYDAY!!

Posted by: Al Gore on Sep 24, 2008 at 11:40 AM
I believe he should be charge by the UN's World Court with a crime against humanity. Specifically, a crime against earth's environmental - global warming.

Posted by: Anon on Sep 24, 2008 at 11:40 AM
Only in By Gawd West VA! Aren't we proud?

Posted by: Randy on Sep 24, 2008 at 11:39 AM
Cops aren't the brightest are they?

Posted by: cosmo on Sep 24, 2008 at 11:38 AM
man, are they not a tornado, hurricane, earthquake or something better to cover than this, this story "stinks", Courtney, I bet you really got a laugh out of this.

Posted by: Idiots! on Sep 24, 2008 at 11:38 AM
If my breath stinks can I be charged for breathing on an officer? The officer should be charged for being an idiot.

Posted by: Sandman on Sep 24, 2008 at 11:37 AM
All I can say is thank goodness that there's something in the news to talk about besides Obama. :>)

Posted by: Arnold Snaffleberger on Sep 24, 2008 at 11:37 AM
I must say that I am glad the man was taken off the road, but the bit about flatulence disturbed me to my very core and I am in the process of getting over the shock that an upstanding news company such as WSAZ would even report this. It's an abomination

Posted by: Jack on Sep 24, 2008 at 11:37 AM
That is awesome...charge that scum bag with as much as you can.

Posted by: tim on Sep 24, 2008 at 11:37 AM
nothing suprises me anymore.this cop and his boss need be taken off duty without pay.this is just going taxpayers money get it throwed out court.ill have remember not toot when cross in west virginia.

Posted by: Jared on Sep 24, 2008 at 11:35 AM
This belongs on Jay Leno's "Headlines"; unbelievable!

Posted by: A. on Sep 24, 2008 at 11:35 AM
There is a God.

Posted by: chris on Sep 24, 2008 at 11:35 AM
LOL I love MOD comment get a stink meter! lol I can hear it now..Sir you will be charged with battery cause your 0.2 percent over the stink limit! lol

Posted by: Dan on Sep 24, 2008 at 11:34 AM
I understand the DUI charges but, passing gas! I guess if the DUI charges don't stick we can give him 20 years for passing gas.

Posted by: Jeff on Sep 24, 2008 at 11:32 AM
Seriously?!?!?! What is with police officers these days? I hope he (the officer) is laughed out of court for this. I also hope he has an official reprimanded placed in his permanent file. And lastly, I hope the defendant sues the officer for the clearly frivolous charge. Policemen in this country wonder why they don't get (nor deserve in this case) any respect.

Posted by: Anonymous on Sep 24, 2008 at 11:32 AM
Good for you officers!

Posted by: d-ride on Sep 24, 2008 at 11:31 AM
HA HA HA!!!!!!!

Posted by: Anon on Sep 24, 2008 at 11:31 AM
So I guess you don't have the right to remain silent but deadly!

Posted by: rick on Sep 24, 2008 at 11:30 AM
sheesh. a drunk guy passes gas and gets charges pressed for it? do ya think the fact he was drunk might have had something to do with it? cop needs to be disaplined.

Posted by: Pat on Sep 24, 2008 at 11:29 AM
Today this cop is whining about gas, tomorrow you'll be paying for his disability - laugh all you want - just another public servant preparing to "rip" you off. Watch this cop carefully.

Posted by: Ted on Sep 24, 2008 at 11:29 AM
Were police forced to use equivalent force and subdue Mr. Cruz by burping towards him?

Posted by: edrock on Sep 24, 2008 at 11:29 AM
I would've tased him...

Posted by: LMAO on Sep 24, 2008 at 11:29 AM
Bad boys, Bad boys, What ya gonna do? What ya gonna do, When he toots on you?

Posted by: John K on Sep 24, 2008 at 11:27 AM
This sounds like a clear abuse of process. This police officer needs some remedial training.

Posted by: Bob on Sep 24, 2008 at 11:26 AM
All you cop haters in here defending this dirt-ball are missing the point.....the dirtball is so stupid he did not know he was driving with his light off!!!! And I bet he had no insurance either!

Posted by: JW on Sep 24, 2008 at 11:26 AM
This is possibly the stupidest abuse of power by police I've heard in a loooong time. Would giving the guy a bowl of beans be considered dealing in illegal weapons????

Posted by: Anonymous on Sep 24, 2008 at 11:26 AM
wsaz..is there another story you can write up...come on get with it

Posted by: greg on Sep 24, 2008 at 11:24 AM
Now that is some funny stuff there. Barney Fife wouldn't have put up with that either. hahaha....

Posted by: jason on Sep 24, 2008 at 11:24 AM
We need to raise the standards for police officers...99% of cops are criminals themselves and/or IDIOTS! Show me an ethical/educated cop and I'll sell you my money tree I have growing in the desert.

Posted by: Stephen on Sep 24, 2008 at 11:24 AM
bat·ter·y a. The act of beating or pounding. b. Law: The unlawful and unwanted touching or striking of one person by another, with the intention of bringing about a harmful or offensive contact. Way to go. This just proves to me that the state of Idocracy is here.

Posted by: Steve Schildwachter on Sep 24, 2008 at 11:24 AM
"You have the right to remain silent - but deadly."

Posted by: Stuart on Sep 24, 2008 at 11:24 AM
This is typical passive-agressive police protocol. It will be thrown out by the D.A., and they know it. This time, however, it got press. If it was irritating to the officers, perhaps they should go find work as local mall police

Posted by: Scott on Sep 24, 2008 at 11:23 AM
Read the Complaint. I think MR Cruz got off light. As per usual reporter Sisk DID NOT report the COMPLETE story.

Posted by: JM on Sep 24, 2008 at 11:23 AM
On the Other Hand, if an `OVERT ACT' was caught on tape where he moved to position his... body to `deliver the weapon'to have `maximum impact' to reach impact & assault the officer's olfactory... his case stinks! However if a criminal case demands more... evidence, all we can go by is the initial impact and immediate reaction, due to lack of actual evidence of a gasseous nature...

Posted by: anonymous on Sep 24, 2008 at 11:23 AM
The point of him being charged is to impose a consequence for the degenerate that felt it was cute or funny to disrespect law enforcement. Hope they make the charge stand!

Posted by: Joe on Sep 24, 2008 at 11:23 AM
Was that considered a concealed weapon?

Posted by: Repulsed on Sep 24, 2008 at 11:22 AM
Abuse of the power-tripping pigs.

Posted by: smart feller on Sep 24, 2008 at 11:22 AM
battery? don't you think a cop that would even pursue this could have twisted the patriot act and filed terrorism charges.

Posted by: Amber on Sep 24, 2008 at 11:22 AM
Just goes to show how power can go to someones head. This cop must be a very small man.

Posted by: KeyStoneKop on Sep 24, 2008 at 11:21 AM
What next ? Will they charge someone for "assault with an ugly face" if the poor schmuck wasn't exactly aesthetically gifted ?

Posted by: Mike on Sep 24, 2008 at 11:20 AM
"Sir, would you step out of the car please?".... "Sir, have you been drinking?".... "Sir, have you eaten any beans or popcorn in the last four hours?"

Posted by: Janet on Sep 24, 2008 at 11:19 AM
THAT'S HILARIOUS!! WISH MINE WERE THAT PUNGENT!

Posted by: Hector on Sep 24, 2008 at 11:17 AM
This "beaner" was doing what came natuarally. The officer needs diversity and sensitiviy training clasess to understand other cultures. Eat more beans, America needs the gas.

Posted by: Ron Reale on Sep 24, 2008 at 11:16 AM
The officer that charged him for assault should be fired. Unless the drunk knocked the officer down and sat on him to "pass gas", This is a normal bodily function that most people can't control, let alone a drunk. This charge is a reflection of the stupidity of the officer, and proves he should not be in control of a dedeadly weapon. Ron Reale realetybytes@yahoo.com realetybytes.townhall.com

Posted by: karen on Sep 24, 2008 at 11:16 AM
Finally, real news.

Posted by: 1eyeninja on Sep 24, 2008 at 11:14 AM
give the guy a break, he's hispanic and probably was washing down a few bean burritos with a couple of beer-sss what would you expect him to do?

Posted by: Roy on Sep 24, 2008 at 11:14 AM
This officer needs an adjustment. According to "Manswers" on SpikeTV, most men pass about one liter of gas per day. All this man was trying to do was to fulfill his quota...before breakfast!

Posted by: Wilbur on Sep 24, 2008 at 11:13 AM
My wife did read this and now I am waiting for the PC police to come take me away.

Posted by: KIM on Sep 24, 2008 at 11:13 AM
THE ACT OF PASSING GAS IS TOTALLY RUDE. HOWEVER, I FELT BAD FOR TIM IRR. TO HAVE TO READ SOMETHING LIKE THAT IS RIDICULOUS. I THINK THAT PARTICULAR ADD ON COULD HAVE BEEN STRICKEN FROM THE RECORD. I COULD SEE IN TIM'S EYES THAT HE JUST WANTED TO BUST OUT LAUGHING. NEXT TIME LEAVE THE NON-SENSE OUT OF THE NEWS. THIS IS NOT A PROFESSIONAL PIECE OF NEWS

Posted by: police officer on Sep 24, 2008 at 11:13 AM
You have got to be kidding me.Charging someone with passing gas. I dont think they taught us that at the police academy. That officer is a joke.

Posted by: Sam on Sep 24, 2008 at 11:10 AM
"Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer..." Where is the physical contact?

Posted by: Debbie on Sep 24, 2008 at 11:10 AM
Ok - let me get this straight. Since the cop is charging him with battery, can I press battery charges agains my husband for passing gas around me? Come on .. cops need to go fight real crime.

Posted by: Bookem Dano on Sep 24, 2008 at 11:09 AM
Courts have held that blowing cigarette smoke in someone's face is a batter, so this is within the realm of possibility

Posted by: Tori on Sep 24, 2008 at 11:09 AM
You have got to be kidding me!! I honestly have no words that can express the kind of childishness the police officer has displayed. Grow up already!

Posted by: Mary on Sep 24, 2008 at 11:09 AM
if it was that bad then we need to send him to iraq so he can end the war lol one man army.

Posted by: Mark on Sep 24, 2008 at 11:09 AM
They should re-title this article "Assault with a (Silent but) Deadly Weapon"!

Posted by: Eric Bolson on Sep 24, 2008 at 11:09 AM
If it was that bad, the officer should have shaked the man's hand. I thought that was bragging rights!

Posted by: john on Sep 24, 2008 at 11:08 AM
how funny, this guy should be cut free for providing such a funny story for everyone on a boring wdnesday

Posted by: hobbit on Sep 24, 2008 at 11:04 AM
so now the cops have become such a protected class of citizens that they are above having to deal with the normal bodily functions of us mere mortals? Fire the cop and weed out the crybabies like this one in the future.

Posted by: gus on Sep 24, 2008 at 11:03 AM
Please give me a break. A police officer is so sensitive that he charges a drunk with BATTERY? The cop needs a vacation and some counseling.

Posted by: PASSEN GASSER on Sep 24, 2008 at 11:02 AM
Assault with a smelly weapon!

Posted by: Mike on Sep 24, 2008 at 11:02 AM
Had the police used a taser on him it could have been an explosive situation.

Posted by: Stu Pitt on Sep 24, 2008 at 11:00 AM
"passed gas on him" HA HA HA HA....Too Funny. Better out than in!

Posted by: David on Sep 24, 2008 at 11:00 AM
I am not certain what is funnier - the story, or the comments posted here! Thanks for helping start my work day off right!

Posted by: ray on Sep 24, 2008 at 10:58 AM
he could have been charged under partiot act with WMD

Posted by: jomama on Sep 24, 2008 at 10:57 AM
This is too sad, what a miserable commentary on the victim mentality of the collective ego that a rude gesture is now considered criminal. What the heck, should be able to get this thrown out on free expression basis, he was giving his opinion of the officer by letting the officer know that he(drunk) didn't care if the officer was uncomfortable.

Posted by: whodat on Sep 24, 2008 at 10:56 AM
Come on SCPD...doesn't this officer have a supervisor? This is the worst complaint I have ever read. A defense attorney will eat this for dinner. Come on guys...think before you write, you never know when it will be plastered on the web for others viewing pleasure. Don't say I don't know what I'm talking about, I've written complaints for over 18 years...THINK before you write.

Posted by: Melvin on Sep 24, 2008 at 10:53 AM
I don't see how he could be charged with obstruction. That particular part of the anatomy seemed pretty clear of any obstructions. May be Jose is a warm and fuzzy type of person and just wanted to share.

Posted by: Robert on Sep 24, 2008 at 10:53 AM
I already contacted my elderly father to warn him about the stepped up enforcement. Will they be setting up checkpoints as well?.......

Posted by: David on Sep 24, 2008 at 10:52 AM
If this is battery, how do they make the argument in court without the "weapon" used? And, what was the actual weapon - his bee-hind? The gas? Do they have to recreate the gas to show it was indeed something he could use to batter someone? What about a lineup to make certain they have the right guy and that it wasn't someone else in the station? Do they line up the derriers in question or do a sniff test? LOL!!

Posted by: Charlie Feldman on Sep 24, 2008 at 10:52 AM
This story should be listed in the "Breaking News" section.

Posted by: Gassed on Sep 24, 2008 at 10:51 AM
This is just asinine... yes, it is... It's also a joke from M.Python's Holy Grail - "I f@#t in your general direction" Commme on!!!

Posted by: paul on Sep 24, 2008 at 10:50 AM
According to this story I should have been charged with assaulting my girlfriend hundreds of times, I hope she doesn't turn me in, could you imagine the news coverage of the high speed chase as to the reason I'm being sought? - have my girlfriend on the phone with the news channel interviewing her live with the back-drop of the chopper's view of the chase...asking about my diet, fiber intake, while my car careens through traffic...

Posted by: Anon on Sep 24, 2008 at 10:49 AM
Too strong? What do you think you'll get when you mix beans and rice with beer?

Posted by: Charles on Sep 24, 2008 at 10:49 AM
Talk about trumping up charges! Why not make it attempted murder?

Posted by: Thenthitive on Sep 24, 2008 at 10:44 AM
Oh gawd! Can I make a citizen's arrest on this type of "offense"? If so, I will have most of the fatties at Wal-Mart rounded up for assault and battery!

Posted by: Liam Ronan on Sep 24, 2008 at 10:43 AM
So where's the evidence?

Posted by: paul on Sep 24, 2008 at 10:41 AM
I want to see the video (with audio)

Posted by: Spaghetti on Sep 24, 2008 at 10:40 AM
Come on battery !??! With gas like that, it was more like attempted murder or a noxious terrorist attack. Please link this story, it's hilarious

Posted by: vickie on Sep 24, 2008 at 10:37 AM
come on! as rude as that was it should not be called battery. Don't you think that is blurring the lines of the charge. Battery can be very serious and this should not be put in that catagory as to be laughed about. The man was just being stupid and childish.The officer I'm sure has been subjected to much worse. If something that simple is offensive it makes me question his ability as an officer of the law. God forbid someone sneeze on him! Shouldn't he be more concerned about 'real' crimes.

Posted by: Anonymous on Sep 24, 2008 at 10:36 AM
THE ODOR IS STRONG WITH THIS ONE

Posted by: SOME1 on Sep 24, 2008 at 10:34 AM
WHAT IS AIR FRESHER FOR? IF YOU DRINK YOU ARE GOING TO HAVE GAS?IF YOU EAT YOU ARE GOING TO HAVE GAS? HAPPY DAY

Posted by: David on Sep 24, 2008 at 10:31 AM
The police in W. Va really need to re-access their ranks if flatulence is considered battery. I had no idea the police in West Virigina were so...um,well whimpy.

Posted by: C. on Sep 24, 2008 at 10:27 AM
This story is a real gas!

Posted by: Caligula on Sep 24, 2008 at 10:22 AM
Well, that is what happens when you eat burritos every day,chulo. Ahhh, how sweet! Taco flavored kisses for my Ben.

Posted by: greg howard on Sep 24, 2008 at 10:21 AM
the police are out here to get drug users and not people with gas

Posted by: warden on Sep 24, 2008 at 10:19 AM
you got to be joking? but thats the wv finest at work trying to make that dollar by any means

Posted by: Anonymous on Sep 24, 2008 at 10:13 AM
OMG, roflmao. I have heard of chemical warfare but this is a new one me. Oh, gotta I have a cramp in my side from laughing so hard.

Posted by: Joe on Sep 24, 2008 at 10:12 AM
Must be refried beans.

Posted by: Donald on Sep 24, 2008 at 10:12 AM
Now thats just funny!!!

Posted by: Anonymous on Sep 24, 2008 at 10:10 AM
Someone please tell me how passing gas is battery? The police went to far on this one.

Posted by: Jose on Sep 24, 2008 at 10:05 AM
Is not fault beans taco do it

Posted by: Anonymous on Sep 24, 2008 at 10:03 AM
................PLEASE................... Find something more important to talk about......BATTERY.......

Posted by: t hunt on Sep 24, 2008 at 09:59 AM
they must be hard up on getting charges on someone. let me guess the policeofficer never passes gas. this is ridicolus i bet tax payers will love this!!!!

Posted by: anonymous on Sep 24, 2008 at 09:59 AM
First Degree Flatulation? Man, I'd better be careful or I could spend the rest of my life in jail...

Posted by: Ray on Sep 24, 2008 at 09:53 AM
Wow, this is just a hazard of the job. When the officer quits passing gas, we'll all quit. What a bonehead charge!

Posted by: Patrick on Sep 24, 2008 at 09:53 AM
Oh my, I can't stop laughing, this guy is serious? Poor baby and what happens when the officer does that around someone else, or does he run to the john every time he passes gas. No wonder our court system is so back logged.

Posted by: Bob on Sep 24, 2008 at 09:51 AM
Hope they didn't have to do a cavity search.lol

Posted by: Jerry on Sep 24, 2008 at 09:44 AM
Oh, this is way too funny.

Posted by: crazy on Sep 24, 2008 at 09:42 AM
this is so crazy cahrging him for battery for passing gas..it aint like the cop aint had other people do it in front of him. This is just stuped...charge him for DUI that is ok but for battery I thought battery was when you beat someone up..not pass gas around them....I guess he is charges with it cause it smelled bad....if it smelled good he would not have been charged is that it?

Posted by: Anonymous on Sep 24, 2008 at 09:36 AM
talk about stupid passin gas omg

Posted by: fed up on Sep 24, 2008 at 09:33 AM
this is obsurd! just another thing proving cops can get away with anything! the cops are out of control and need to be put in check! this cop needs to be fired and run out of town!

Posted by: john on Sep 24, 2008 at 09:31 AM
charleston, is it a new law now you can get charged for passing gas , watch out america jails will be full policeman needs to grow up,wonder how much time he will have to spend for this, DONT FEED HIM BEANS

Posted by: Anonymous on Sep 24, 2008 at 09:30 AM
Disgusting. Just plain disgusting. I am glad they charged him.

Posted by: anonymous on Sep 24, 2008 at 09:28 AM
this is hilarious, just goes to show our cops are out for the money it wasnt right but what was the harm get over it you $8 an hour cop.

Posted by: jamie on Sep 24, 2008 at 09:23 AM
shame on charleston police for putting something like this in the news and charging him with BATTERY was the police officer injuried by this gas passing .

Posted by: Anonymous on Sep 24, 2008 at 09:18 AM
Battery on a police officer is serious offense to be added to someones charges. This police officer sounds like he is abusing his position. this is stupid!

Posted by: billibob on Sep 24, 2008 at 09:16 AM
why no officers name they usually go out of their way to get their name in the news comon release the cops name

Posted by: Pablo on Sep 24, 2008 at 09:15 AM
As crazy as this all seems, I agree with the battery charge on top of his other offenses. Law enforcement puts up with enough already. Looks as if this guy did it on purpose so charge him.

Posted by: me on Sep 24, 2008 at 09:14 AM
ha ha ha ha ha ha ha

Posted by: Nice1 on Sep 24, 2008 at 09:12 AM
Only in Charleston WV, this is a Leno and Letterman story.... You'll see.

Posted by: Anonymous on Sep 24, 2008 at 09:11 AM
ok lol so the man passed gas and the odor was stong so he got another charge`? lmfao wtf is really going on here

Posted by: judy on Sep 24, 2008 at 09:08 AM
man passes gas and gets charged come on the arresting policeman sounds like a cry baby wimp,this beats all i ever heard.

Posted by: Charlie on Sep 24, 2008 at 08:57 AM
Maybe he had it scared out of him.

Posted by: citizen on Sep 24, 2008 at 08:54 AM
You have got to be joking. This is about the dumbest thing I have ever heard. This really looks stupid on the police department.

Posted by: Daniel on Sep 24, 2008 at 08:51 AM
I agree that DUI is bad, however if we can be arrested for passing gas then everyone will be locked up. I am sure that this will be great late night show fodder!

Posted by: Mayberry RFD on Sep 24, 2008 at 08:48 AM
This sounds like something Barney Fife would try to charge someone with.Stories just like this is one of the reasons this area is the center for so many jokes nationwide.This officer should be very proud to have this story covered.

Posted by: omg on Sep 24, 2008 at 08:43 AM
does this mean if this happens to anyone we can call the police, i can hear the 911 call now........

Posted by: anon. on Sep 24, 2008 at 08:42 AM
HAS THAT SPECIAL OFFICER NEVER HAD GAS?? WHAT`S NEXT?????

Posted by: KC on Sep 24, 2008 at 08:39 AM
I have heard it all!!

Posted by: Gallia county on Sep 24, 2008 at 08:38 AM
This tops the man who was going to get sentenced to prison for eating a little Debbie cake in Ohio! In my book it probably made the place smell a little bit better!

Posted by: Anonymous on Sep 24, 2008 at 08:37 AM
thats the best news Ive heard all week

Posted by: oh my on Sep 24, 2008 at 08:34 AM
This is crazy that even such a story would be printed.. So what the man passed gas, I sure that police officer has done the same. If he has kids I'm sure they have passed gas on him, is he going to charge with battery to a police officer?

Posted by: Ronnie on Sep 24, 2008 at 08:34 AM
Okay, what is the punch line. This has got to be a joke. Talking about BREAKING news.

Posted by: Anon on Sep 24, 2008 at 08:33 AM
Lulz

Posted by: Cynt on Sep 24, 2008 at 08:28 AM
So what is the crime here,sounds like Mr. Officer was humiliated.Don't think this is serious enough for the guy to be charge. Cant wait to see how this turns out.

Posted by: Way to go WV on Sep 24, 2008 at 08:25 AM
Like this state is not already a joke to others in the country, now this. Way to go WV, put yourself on the map again, and as always, not in a good way.

Posted by: Brian on Sep 24, 2008 at 08:23 AM
Should Taco Bell be closed for selling dangerous ammo for weapons? Someone should tell the president we found his WMD.

Posted by: al on Sep 24, 2008 at 08:22 AM
are you kidding me, passed gas and gets charged, next thing you know is if you look at a cop you will be charged with battery or attempted murder, stuff like this needs to stop

Posted by: R on Sep 24, 2008 at 08:17 AM
Sounds to me like the cop was just lokking for somwthing else to charge yhe guy with, The cop is a big baby grow up.

Posted by: MICHELE on Sep 24, 2008 at 08:13 AM
ARE YOU KIDDING ME!!!!!! THIS IS THE MOST INSANE THING THAT I HAVE EVER HEARD!!!!!!!!!!!!! SLOW NEWS DAY WSAZ?!?!?!?!

Posted by: tootie on Sep 24, 2008 at 08:10 AM
one too many volcano taco's!....

Posted by: rachel on Sep 24, 2008 at 08:05 AM
thats just crazy what is huntington coming to ? the cops over there are out to get people over stupid things when they should be solving these murders,getting the drugs of the streets,and getting these rapists off of the streets but yet they're worried bout him thats crazy thats the dumbest thing ive heard of thats why people bad mouth these cops because off stupid bs like this!!!!!!!!!!!!!!

Posted by: lol on Sep 24, 2008 at 08:00 AM
lol tooo funny

Posted by: J.M. on Sep 24, 2008 at 07:59 AM
Wow. Thank god the officer got the additional charge...what a brave soul. Amazing that he survived the encounter. Is there any wonder why no one respects the police any longer?

Posted by: MOD on Sep 24, 2008 at 07:44 AM
That really smells like someone who was overcharged. Need a stink meter like breathlyzer so we can see if he was over the smell limit.

Posted by: Anon on Sep 24, 2008 at 07:37 AM
Are you people desperate for news or what?? How disgusting!!This article could of been left out of the news!!

Posted by: deb on Sep 24, 2008 at 07:29 AM
Children, I know its not funny but I have rolled laughing!

Posted by: J.C. on Sep 24, 2008 at 07:26 AM
Give me a break. Is there no other news to report on? Each day as I read the news I am reminded more and more why people make fun of this region.

Posted by: Harry on Sep 24, 2008 at 07:13 AM
My oh my. This chap is very lucky he didn't squint at the officer less he wind up on attempted murder charges for throwing a mean look. Charleston is very fortunate to be protected by such a swarthy police force!

Posted by: Tim on Sep 24, 2008 at 07:13 AM
You have got to be kidding here.

Posted by: omg on Sep 24, 2008 at 07:12 AM
That is the funniest thing I have heard all week did the officer puke? he could have pooped his pants then that would have been assult????? lol

Posted by: Richard on Sep 24, 2008 at 07:10 AM
This is the most stupid thing i have seen.posted about a cop!is a judge really going to let the charge of battery on a police officer stand?please give us the cops name.

Posted by: Wes on Sep 24, 2008 at 07:09 AM
Hmm, I believe I only have one thing to say. That would be... LOL!

Posted by: Oh NO! on Sep 24, 2008 at 06:55 AM
I sure hope my wife doesn't read this story.

Posted by: Anonymous on Sep 24, 2008 at 06:52 AM
Are you kidding me? Sure that's rude, but it hardly counts as "battery".

Posted by: AMBER on Sep 24, 2008 at 06:47 AM
SAD. THIS MAN WILL GET MORE TIME & PUNISHMENT THAN THE MONSTERS THAT LOCKED THEIR DAUGHTERS UP AND ONLY FED THEM ONCE A MONTH. SAD WEST VIRGINIA SAD!

Posted by: Anonymous on Sep 24, 2008 at 06:46 AM
Oh My God, if this isn't an abuse of police power, I don't know what is. How can they get away with charging that man with battery over a "toot". For one, there are many people that cannot control that bodily function, especially when you are drunk, which he must have been if he was booked for a DUI. Geez, it was a "toot" get over it, so it smelled bad, are you going to charge a homeless person on a bus for battery because he might smell bad to you...the DUI o.k. that was necessary but the battery charge...definately abuse of power, don't you think???

Posted by: david on Sep 24, 2008 at 06:44 AM
how is this battery? perhap we should buy all the cops gas mask. this is toooooo funny.if this guy was drinking milwaulkies best beer they will have to drop the battery charges because the gas would have been something beyond this guys control. if the gas was as bad as they officer said they should charge the guy with arson for burning the hair out of the cops nose.lol

Posted by: No on Sep 24, 2008 at 06:42 AM
This whole thing stinks to high Heaven!!!

Posted by: PUNGENT on Sep 24, 2008 at 06:39 AM
C'mon, whats passing gas going to hurt. I pass it and yes its going to smell. Hey he could have burped and it may have been worse. It has to come out some place. I'm going to try to send this to other stations through out the USA so other police departments and people can have something else to laugh at us for. I wonder if the officer had to go to the hospital for someone tooting on him.

Posted by: Chris on Sep 24, 2008 at 06:29 AM
LOL WoW what next?

Posted by: S on Sep 24, 2008 at 06:08 AM
Well, this just stinks.

Posted by: anonymous on Sep 24, 2008 at 06:04 AM
well it was a rude gesture and probably intended to diss the cop.

Posted by: LOL on Sep 24, 2008 at 05:51 AM
Is this a joke?? LMAO!!!

Posted by: Kevin Maynard on Sep 24, 2008 at 05:42 AM
The Guy will get 30 days for DUI and 5 years for F@rting.

Posted by: Mary on Sep 24, 2008 at 05:36 AM
ARE YOU KIDDING ME!!! BATTERY!!!..It was rude yes, but come on....This officer really needs to get over himself...The odor was strong...so if it smelled like lillies then I guess it would not have been battery...This is a JOKE!!!

Posted by: Dave on Sep 24, 2008 at 05:13 AM
Thank you Jose Cruz just when I thought this going to be another day of stress and problems your actions made me and the rest of the people in my office laugh our a-- off my I hate to be you when you sober up and reality sets in

Posted by: me on Sep 24, 2008 at 04:57 AM
pitiful that something so stupid was even reported on the news.

Posted by: Ruth on Sep 24, 2008 at 04:52 AM
Toot Toot Bad Boys

Posted by: WB on Sep 24, 2008 at 04:45 AM
MUST OF HAD SOME BAD PEPPERS !!!!I UNDERSTAND A DUI...OMG BATTERY CHARGE SAVE A TREE DONT WASTE TIME OR PAPER ON SOMETHING LIKE THAT...BUT THEN ,WITH THE WAY THE LAWS ARE MATBE NOT A BAD IDEA...LOL....NOT THE OFFICERS ...THE LAWS...

Posted by: MrObvious on Sep 24, 2008 at 04:43 AM
If his gas was bad enough to warrant charges, he may need to see a doctor...

Posted by: Ty on Sep 24, 2008 at 04:35 AM
OMG!!! How funny that the cop was gassed! How pathetic he charged the drunk with battery! Yet another smear for WV once the AP gets hold of the story!

Posted by: anonymous on Sep 24, 2008 at 04:34 AM
i thought battery was physical contact

Posted by: Anonymous on Sep 24, 2008 at 02:52 AM
ha...ha...ha....ha... that is funny bout time we start seein some comdey on the news lol

Posted by: Anonymous on Sep 24, 2008 at 02:45 AM
the odor was very strong

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