Insidious Gas Attack

[Patchoulia]

Wow.

http://www.thesmokinggun.com/archive/years/2008/0924081gas1.html

Cop Hit In Gas Attack

West Virginia DUI arrestee charged with farting in officer's face

SEPTEMBER 24--Meet Jose Cruz. In the long history of American jurisprudence, the West Virginia man may be the first defendant to ever be charged with passing gas in the face of a law enforcement officer.

Cruz, 34, was driving with his car's headlights off Monday night when he was pulled over by West Charleston cops, who noted that Cruz appeared to be intoxicated.

After failing a series of field sobriety tests, Cruz was arrested and transported to police headquarters, where he allegedly committed another offense, according to a September 23 criminal complaint.

While being fingerprinted, Cruz allegedly "lifted his leg and passed gas loudly on Ptlm. Parsons. The defendant then fanned the air with his hand in front of his rear onto" the cop.

"The gas," the complaint notes, "was very odorous and created contact of an insulting or provoking nature with Ptlm. Parsons."

In addition to the DUI count, Cruz was also charged with battery on a police officer for the farting incident.

In an interview, Cruz said that while he "farted multiple times," it "wasn't directly in [the cop's] face."

Asked if he fanned the fetid air toward the officer, Cruz admitted that he did, but said it was in retaliation for the cop insisting he take a breath test while he was having an asthma attack.

"I said, 'Here, put that in your Breathalyzer," he recalled.

Cruz, who works as a boilermaker, said that he has been arrested more than a dozen times, including twice previously for drunk driving.

After posting $500 bond, Cruz was released this morning from a Charleston jail where he had been held on the misdemeanor charges.

[rubberdinghy]

"I said, 'Here, put that in your Breathalyzer," he recalled.

Hilarious

[Patchoulia]

I can't believe I didn't title this thread:

"Breaking News"

I'm so disappointed in myself.

[Basher]

I'm not comfortable with the precedent that was set here.

[Patchoulia]

I'm not comfortable with the precedent that was set here.

You better watch yourself, mister.

If this is abuse, I'm a long-suffering victim.

[Patchoulia]

And from the Toronto Star...

As Patrolman T.E. Parsons prepared the machine, Cruz scooted his chair toward Parsons, lifted his leg and "passed gas loudly," the complaint said.

Cruz, according to complaint, then fanned the gas toward the officer.

"The gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons," the complaint alleged.

He was also charged with driving under the influence, driving without headlights and two counts of obstruction.

Cruz acknowledged passing gas, but said he didn't move his chair toward the officer nor aim gas at the patrolman. He said he had an upset stomach at the time, but police denied his request to go to the bathroom when he first arrived at the station.

"I couldn't hold it no more," he said.

He also denied being drunk and uncooperative as the police complaint alleged. He added he was upset at being prepared for a breathalyzer test while having an asthma attack. The police statement said he later resisted being secured for a trip to a hospital that he requested for asthma treatment.

Cruz said the officers thought the gas incident was funny when it happened and laughed about it with him.

"This is ridiculous," he said. "I could be facing time."

[mattm]

I'm not comfortable with the precedent that was set here.

I agree. Does that mean if you fart in a police station they can charge you? Doesn't that also mean that anyone that farts in a police station can charge you if you wave your hand around? Not sure what it means but being charged for farting is not funny in the least, that means that everyone's a criminal. Also, to fart in someone's face that someone must have their face at ass level which means that either the officer did or the dude didn't actually fart in the officer's face and is being charged for nothing. Quite confusing...

[Ms.Huxtable]

Stay the hell out of police stations in the first place and I suspect you'll all be fine.