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Charge dropped against man accused of passing gas

(Agencies)
Updated: 2008-09-26 09:00

CHARLESTON, W.Va. -- A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge. The Kanawha County prosecutor's office requested that the charge be dropped against 34-year-old Jose Cruz.

In this undated photo released by the South Central Regional Jail, Jose A. Cruz is shown. Cruz, 34, who police said passed gas and fanned it toward a patrolman has been charged with battery on a police officer. Cruz, of Clarksburg, W.Va., was pulled over early Tuesday, Sept. 23, 2008, for driving without headlights, police said. [Agencies]

According to a criminal complaint, Cruz passed gas and made a fanning motion toward patrolman T.E. Parsons after being taken to the police station for a breathalyzer test. Cruz denies fanning the gas and says his request to use a restroom when first arriving at the station was denied.

An assistant says Magistrate Jack Pauley signed a motion to dismiss the charge Thursday.

Cruz, who was arrested Tuesday, still faces driving under the influence and other charges.

Man charged after allegedly passing gas toward cop