DOCUMENT: Drunk, Stupid

Gas Passing Charge Dropped

West Virginia man won't face rap for farting in cop's face

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Gas Passing Charge Dropped

SEPTEMBER 25--A West Virginia man will not face a criminal charge for allegedly passing gas in the face of a policeman who arrested him Monday night for drunk driving.

The misdemeanor battery count against Jose Cruz was dropped today by prosecutors, who filed a dismissal notice in Kanawha County Magistrate Court. The decision came a day after news of the unorthodox charge against Cruz, 34, received widespread coverage. A copy of the original criminal complaint against Cruz can be found here.

Cruz, who yesterday told TSG that while he 'farted multiple times,' it 'wasn't directly in [the cop's] face,' said he was relieved that government lawyers dropped the battery count as well as a misdemeanor obstruction charge.

Cruz, pictured in the mug shot at left, added that he was still looking for a lawyer to represent him on the remaining drunk driving rap. (4 pages)