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

By: Courtney Sisk Email
By: Courtney Sisk Email

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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