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Man Charged With Battery on Officer for Passing Gas

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posted on Sep, 24 2008 @ 07:05 PM
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Man Charged With Battery on Officer for Passing Gas


www.foxnews.com

West Virginia Man Charged with Assaulting an Officer

Jose Cruz was pulled over Monday night on Route 60 in South Charleston for driving with his headlights off. He was subsequently arrested after failing a series of sobriety tests.

During fingerprinting, Cruz then allegedly moved closer to one of the officers and passed gas, the station reported. In the complaint, the investigating officer wrote that police noticed a "very strong" odor.
(visit the link for the full news article)




posted on Sep, 24 2008 @ 07:05 PM
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Well, this is certainly breaking news. Bah-dum-bum, (cymbal sound)! Thank you, thank you, I'll be here all week. Be sure to tip your waitress and bartender on the way out.

But seriously, folks, since when is farting a chargeable offense? This police state thing is going way too far. What's next? Misdemeanor halitosis? Felony BO? Where will it end?

www.foxnews.com
(visit the link for the full news article)

[edit on 24-9-2008 by Icarus Rising]



posted on Sep, 24 2008 @ 07:10 PM
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Yeah, it really stinks when natural body functions are a chargeable offense.

However, the man could always claim he thought his gas smelled like roses, so he was doing the officer a favor by sharing.



posted on Sep, 24 2008 @ 07:14 PM
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Don't eat beans and drive!!!! This is absolutely ridiculous! I hope the Judge throws it out!



posted on Sep, 24 2008 @ 07:14 PM
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Passing gas is usually an indication that one needs to evacuate. Perhaps the man should sue the police for being refused a chance to do so. Perhaps the police caused harm to the individual for forcing him to hold his bowels. I think the man has a right to sue for police brutality in this case.



posted on Sep, 24 2008 @ 07:21 PM
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There has to be a Constitutional guarantee associated with this type of bodily function. Freedom of expression, maybe? This case literally stinks!



posted on Sep, 24 2008 @ 07:27 PM
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Spitting one someone is assault. I wonder if farting on someone is an extension of that?


When I was a bouncer I escorted a man out of a club, and right when we were at the door he turns to me and spits on my face, I punched him in the face automatically and tossed him out. Police showed up, I filed a report on behalf of the club, and the police officers told me I had the right because I was assaulted. No idea if that would pass in court, but I wasn't in trouble then



posted on Sep, 24 2008 @ 07:41 PM
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It's hilarious because I can imagine the officer had to be REALLY angry to actually write the guy up for farting, without fully thinking it through. That's the funny factor. I'm sure he briefly thought his side of the story through, the one he planned on explaining to the judge, but his anger clearly blurred the predictable outside opinions on the matter. That must have been one stinky fart.

[edit on 24-9-2008 by mmariebored]



posted on Sep, 24 2008 @ 07:43 PM
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I had the same thing happen to me, except I didn't hit the guy. I did put my hand up to shield his face from me when he went for a second spume, though. The cops showed up and arrested him for assault. I laughed as they cuffed him and put him in the back of the squad car. The guy was such a pompous jerk, obviously too intoxicated to come into the club.



posted on Sep, 24 2008 @ 07:46 PM
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Hmm, perhaps the old axiom of "Opinons are like a**holes, everyone has one." holds true in this case.

Maybe he can get it thrown out as a violation of freedom of speech, just that he was slightly confused while pondering that axiom at that very moment.



posted on Sep, 24 2008 @ 07:53 PM
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I mean it could fall under gassing.

But being a bodily function he could just say he couldnt help it.
Although he probably did it near them on purpose.



posted on Sep, 24 2008 @ 08:05 PM
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If the guy was just standing there and farted...no big deal.

But being he made a move on the officer shows that this was premeditated and malicious.

I have no sympathy for drunk drivers, so anything that can be used to make his punishment more severe is all right with me.



posted on Sep, 24 2008 @ 08:09 PM
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reply to post by Icarus Rising
 


" But seriously, folks, since when is farting a chargeable offense? "

I'll tell you when. The moment he moved closer to be sure the officer got a whiff was it!

Had he just let it out, I doubt there'd be charges.



posted on Sep, 24 2008 @ 08:13 PM
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Not an assault in any way. Another attempt at *cough* protecting themselves from...

Who am I kidding.....NICE TRY PIG!



posted on Sep, 24 2008 @ 08:15 PM
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If they make a farting law over this, I'm framing it and hanging it in my home.



posted on Sep, 24 2008 @ 08:19 PM
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If the guy ate fish recently and lit a match this could be a serious offense.



posted on Sep, 24 2008 @ 08:26 PM
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I;m suprised the headline wasn't "Man resists officer, Small explosion detonates"

Interpretation would be key in a defence. One claiming that the assault was vicious and premeditaed attack with explosive device.

The other? Mistakenly, Citizens effort is rejected. Probe is launched following gag odor..(typo) - *Order. .

Could add disoderly conduct to the charges i suppose



posted on Sep, 24 2008 @ 08:26 PM
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Pehaps it was just an audible. Maybe it was harmonic, and therefore could be construed as freedom of expression.


If it could be demonstrated in court via evidence that the man had such impressive control that he emitted a "shaped charge", yah, then maybe.

I think it was enough that he went down for the crime that was dangerous and irresponsible -- the DUI. I would guess that the officer would be the "butt" of a whole herd of jokes in the station for having charged the guy with assault with an SBD.



posted on Sep, 24 2008 @ 08:32 PM
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