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Monday, September 29, 2008

Charge dropped against man accused of passing gas

Finally some sense from somebody:

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.

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.

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While 'passing gas' is not the most polite thing to do it hardly rises to the level of 'battery' as Cruz was originally charged with so dismissing that charge was the only call to make ... now as to the DUI and other charges - if he was intoxicated throw the bum under the jailhouse.

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