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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.
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 said that he didn’t fan the gas and that his request to use a rest room when he arrived at the station was denied.
An assistant said Magistrate Jack Pauley signed a motion to dismiss the charge Thursday.
Cruz, who was arrested Tuesday, still faces charges including driving under the influence.
