Is it illegal to pass gas?

Is it illegal to pass gas?  Usually not, as far as I know, but a man named Jose Cruz found out otherwise.  This week, in South Charleston, West Virginia, Cruz was arrested for driving under the influence (DUI).  When police were trying to get his fingerprints back at the station, he passed gas on an officer.  Here’s what was filed in the official police report:

During processing Ptlm. Cook was taking the defendant’s fingerprints while Ptlm. Parsons was typing data into the Intoximeters 5000 machine.  Ptlm. Parsons was in a chair approx. 4-5 feet away from the fingerprinting station.   The defendant scooted the 4 feet to Ptlm. Parsons, away from officer Cook, and lifted his leg and passed gas loudly on Ptlm. Parsons.   Then defendant then fanned the air with his hand in front of his rear onto Ptlm. Parsons.   The gas was very odorous and created contact of an insulting or provoking nature with Ptlm. Parsons.

Ironically, he next had to take the breath test, and he couldn’t give a sufficient sample because he was having trouble breathing.  🙂

For doing all that, they charged him with “battery on an officer” and “obstructing an officer”.  I realize no one wants to be farted on, but is it really a criminal offense?   Did the officer think it was chemical warfare?   (Maybe it’s psychological warfare.)  Two days later, police dropped the charges relating to his flatulence.

Although, now that I think about it, the police were just trying to maintain law and odor.  🙂