CHARLESTON, W.Va. (AP) -- 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.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
To comment, the following rules must be followed:
If you believe a comment violates the above rules, please use the Flagging Tool to alert a Moderator.
Flagging does not guarantee removal.
Decisions to suspend or unsuspend accounts are made by Station Moderators.
Links require admin approval before posting.
Questions may be sent to firstname.lastname@example.org. Please provide detailed information.