Jose A. Cruz, 34, from Clarksburg, West Virginia has been charged with battery on a police officer after he passed gas and fanned it toward a policeman. The man had been pulled over by a police officer on Tuesday because he was driving without headlights.

The policeman reported that Cruz smelled of alcohol. Besides this, he wasn’t talking very coherent and failed three sobriety tests. The policeman handcuffed Cruz and took him to a police station for a breathalyzer test. During the time when Patrolman T.E. Parsons got ready the machine, Cruz lifted his leg and passed gas loudly, according to the patrolman report.

After that, Cruz fanned the gas toward the officer and as the written complaint explained, "the gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons."

Besides the charge of offending the patrolman, Cruz was also charged of driving under the influence, driving without headlights and two counts of obstruction. But the 34-year-old man said that he had a troubled stomach at the time and the police refused him his request to go to the bathroom. He didn’t admit of passing the gas toward the officer. "I couldn't hold it no more," he said.

Cruz also added that he wasn’t drunk as the police officer said. He was only upset because he had to the test while he was having an asthma attack. But he didn’t want to be taken to the hospital by the policemen. Still, he said the police officers thought the incident was funny and laughed at him.