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