A battery charge has been dropped against a West Virginia man who had been accused of passing gas and fanning it toward a South Charleston patrolman.
The Kanawha County prosecutor's office requested that the charge be dropped against 34-year-old Jose Cruz of Clarksburg. Mary Frampton, an assistant to Magistrate Jack Pauley, said Thursday the magistrate signed a motion to dismiss the charge.
A call to the prosecutor wasn't immediately returned.
Cruz, who was arrested Tuesday, still faces driving under the influence and other charges.
According to a criminal complaint, Cruz passed gas and made a fanning motion toward
Patrolman T.E. Parsons after being taken 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.
LMFAO ?.?