Gas Passing Charge Dropped

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

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 below. 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 right, added that he was still looking for a lawyer to represent him on the remaining drunk driving rap. (4 pages)