Man Passes Gas, Charged with Battery on Officer

I got a kick out of this when I heard about it the other day. I honestly thought that someone was looking to make a name for themselves. I live not twenty miles from South Charleston myself, and this is a first that I have heard about something like that happening around here. I've heard of being charged with spitting on a cop, this is the first time that I have ever heard of something like this happening.


That's West "By Gawd" Virginia for ya!

I did a little bit of research and found West Virginia's criminal code and according to West Virginia statute 61-2-10b(c):

"Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer...

Now, passing gas near someone isn't making "physical contact" with them, so I have no idea how they think they're going to get this to fly in court. Sure, it's offensive, but to charge this guy with battery for passing gas is going overboard. It sounds to me like this officer was already annoyed and let it cloud his judgement, which in NO WAY is an excuse.

That charge won't make it to court, but if it does it would serve the perp right.

It always pays to be courteous to the police when your already up to your ears in doo-doo.