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

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

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



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

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

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

Then, he failed sobriety tests and was arrested.

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

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

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Latest Comments

Posted by: jose cruz on Nov 30, 2011 at 08:11 PM

Charges were picked back up after media slow down wish there was lawyer to take case if yes hit me up at scrub1@yahoo.com
Posted by: dave on Feb 22, 2011 at 05:24 PM

The officer should've called the incident "Code Brown" and requested back up in the form of Lysol.
Posted by: Jeff on Jan 22, 2010 at 07:58 AM

The officer acted stupidly.
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