West Virginia Man Charged with Assault after Farting on Officer

There are some things that need no explanation.  I think in this situation, the headline speaks for itself.

According to the criminal Complaint, the accused, Cruz, was originally pulled over for driving without headlights. He failed a field sobriety test and was brought back to the police station, where he was given a breathalyzer test and was fingerprinted.

According to the police, Cruz “lifted his leg and passed gas loudly on (Patrolman) Parsons… then fanned the air with his hand in front of his rear.”

Seriously? I wonder what he would have been charged with if he had given the officer a dutch oven? Attempted murder? This is rediculous!

Read the complaint here.


  1. This really gives the impression that the police were just looking for as many charges as possible to file against Cruz. Along with DUI, driving without headlights and 2 counts of obstruction they also charge him with battery – how ridiculous. This really makes the police department look foolish. This headline making story from a town of only 13,000+ residents doesn’t do anything to change the stereo-type of a small town police department. They have a tough job on the street and there should be some voice of reason to stop charges like these from actually being filed.

    Comment by Ann Auerbach on September 30, 2008 at 9:12 am

  2. While reading the complaint I needed to remind myself that this was a real incident not something I watched on tv. Or maybe I could see it on a reality tv show or Andy of Mayberry. Is it newsworthy, no, humorous yes, pathetic for the person arrested, definitely. Also, being that it was in a small town in W. Virginia just adds to the stereotype of the small town drunk and the police as buffoons. I’m sure they must regret that the arrest made the national news. I know that most police officers work hard at their jobs, but sometimes they need better judgment. (don’t we all?!!) I did read in the Rocky that the battery charge was rejected by the judge.

    Comment by DM Gray (Debbie) on October 1, 2008 at 2:24 pm

  3. This is just like the officers these days. They follow me and run my plates all the time. One even told me sorcatically, “You don’t even have a parking ticket.” As if all black people have criminal records. They are just going too far. They think they are above the law.

    Comment by Stephanie Jones on October 8, 2008 at 5:20 pm

  4. Ok so this is just out of line. Police officers take the most ridiculous approaches when you make the mad. If Cruz’s farting is battery against the officer then the men in my family have beat me my entire life. I believe that sometimes police officers get revenge when taunted by making obscene charges. After I read the report I agree with all the charges except battery. I guess this just goes to show you that anything is possible. Another thing that makes me so mad is law enforcement is untouchable, where as if the officer would have done that to Cruz and Cruz proceeded to press battery charges they would just laugh. Disgusting!!

    Comment by Nicole Bodeman on October 15, 2008 at 8:35 am

  5. That is completely rediculous. I would really love to know what they were thinking on that one. Just two bad officers making other decent officers look bad. Just very poor judgment on their part. Officers are people too, some are bad and some are good. Unfortunately we all mostly hear about the bad ones.

    Comment by Mary Parker on October 15, 2008 at 4:47 pm

  6. Wow… this is the most ridiculous thing I have heard a police officer doing! I cant believe how out of line these so called “crime stoppers” are getting. This just goes to show that they will do anything they want when it comes to their job. In my opinion this officer is trying to prove that he is better than Cruz just because he is a police officer. What a good laugh!

    Comment by Evelyn on October 16, 2008 at 5:36 am

  7. wow, guessing people don’t really like or trust the police. they were dealing with a combative person who was out drinking and driving. then to show he has no respect at all for the people in a uniform he farted on them. i understand that the statute reads you must make physical contact to be charged with assault, so the charge should be dropped. this was a deliberate act from someone who didn’t care about anyone else but himself. Help i have asthma, oh no i don’t want the medics to help, so i will put up a struggle, complete waste of time. I don’t know the guy, but from what i read i definately can make some inferences about his character, and how he leads his life. This story does not show me anything about small town cops, they did there job and were pissed and i don’t blame them. i am glad they put the charge on him, just sad it could not stick.

    Comment by kyle hudson on October 16, 2008 at 11:47 am

  8. Seriously?! Do we not have much bigger fish to fry? I try to put myself in the cops shoes, and yes truly a disgusting encounter. Thank god there were other more important charges. It is unfortunate that this rude, childish act has received so much attention. All public servants end up having to enounter rude acts. It is sad to say that this to be expected in their line of work. This is nothing more than “I’ll show you” attitude. Did anyone think tax payers dollars well spent?!

    Comment by Debbie Rickard on October 20, 2008 at 4:46 pm

  9. I looked up the damaging effects of alcohol on the brain. They include: difficulty walking, blurred vision, slurred speech, slowed reaction times, and impaired memory. Some of these impairments are detectable after only one or two drinks and quickly resolve when drinking stops. On the other hand, a person who drinks heavily over a long period of time may have brain deficits that persist well after he or she achieves sobriety. Based on the facts of the complaint, Cruz displayed several of these effects by not having turned on his lights and being uncooperative. The concepts of all knowing and “no one can tell me what I can do” as well as rudeness go hand-in-hand with a person under the influence of alcohol. I am not saying that the police probably went too far on the “fart” charge, but we should all agree that we would rather have Cruz off the road in his drunken condition rather than out on the road endangering the rest of us.

    Comment by Sherry Conca on October 21, 2008 at 8:08 pm

  10. Wow, this is bringing back memories of poor Rodney King. I the people had known the whole story of what the police had dealt with that evening, (Mr. King) being on crack cocaine and under the influence driving on narcotics, then becoming combative with the police officers. What we did see is the police doing their job trying to arrest a person on drugs. What was it like a year later he was pulled over for the same offense. I find this DUI story a waste of our police force time and taxpayers money, although I don’t believe he should be charged a felony because he did not actually come in “contact” with the officer, but I agree with the blog about what alcohol does to the brain and this man was certainly out of his mind. Don’t even get me started about his request being granted for an ambulance. He should be relocated to Iraq then he’d realized how many freedoms and priveleges we have here in the U.S.

    Comment by Rosanne on October 26, 2008 at 5:37 am

  11. I must be honest with this one. I once had a grand notion that I would one day be a police officer too. Age and wisdom moved me away from that decision, and I say that because had I been an officer in that case I think my reaction to the man doing that would not have been so nice to the guy. Thus making me a not very good candidate for being an officer.
    Having said that, once you take a step back from the situation you have to understand that as a police officer you are being asked to deal with the worst of the worst and not let your emotions get the best of you. By this officer adding this charge it is very clear that he is doing it based on his emotions and not with his head. I fear it made him look weak and nonsensical. Especially when you take into account the fact that the man was drunk. Just be happy that you got him off the road. He is going to be paying out the rear for this offence anyway! DUI’s are expensive. I must say, this charge stinks!!!

    Comment by Kevin Hanks on October 30, 2008 at 3:04 pm

  12. The police officer was insulted not assaulted. In the officer’s quest to show his authority and demand respect he instead became the “butt” of a joke. What kind of precedent would this have set? I hope Kanawa County didn’t go over board in publicizing this event; it may have started a wave of unsolicited, unstoppable “assaults” on the entire police force.

    Comment by Toni Bellucci on November 25, 2008 at 7:18 pm

  13. […] HT: Contiguglia […]

    Pingback by I don’t want to talk to you no more, you empty headed animal food trough wiper. « The Legal Satyricon on December 18, 2008 at 7:26 am

  14. DUI is not treated seriously enough; if someone commits a DUI, they are basically risking other people’s lives for the sake of their own selfishness. I’ve got absolutely no problem with cops making up exaggerated charges for anyone caught driving while drunk.

    Comment by Haribo Lector on April 10, 2013 at 2:54 pm

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