SOUTH CHARLESTON, W.Va. (WSAZ) -- As if getting a DUI wasn’t enough, a man arrested for driving under the influence got in a lot more trouble at the police station. Police stopped Jose Cruz on Route 60 in South Charleston Monday night for driving with his headlights off. Then, he failed sobriety tests and was arrested. When police were trying to get fingerprints, police say Cruz moved closer to the officer and passed gas on him. The investigating officer remarked in the criminal complaint that the odor was very strong. Cruz is now charged with battery on a police officer, as well as DUI and obstruction.
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/oDk23bQO6dI&hl=en&fs=1"></param><param name="allowFullScreen" value="true"></param><embed src="http://www.youtube.com/v/oDk23bQO6dI&hl=en&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" width="425" height="344"></embed></object> They had the whole incident on tape.
I can't believe nobody has said it yet. I guess you youngsters wouldn't know this one.... JOSÉ CRUUUUUUUUUUUUUUUUUUUUUUUUUZZZZZ!
I know you're joking but seriously, doesn't this fall under assault rather than battery? I didn't pay much attention during criminal law class in college.
I haven't studied assault and battery in criminal law yet, but in torts law, battery is any immediate harmful or offensive contact whereas assault is the apprehension of any immediate harmful or offensive contact (battery). It can't be assault unless the person was under the perception the contact was going to happen. Either way, that is pretty funny.
About a month ago, a cop was towing cars in Midtown, even though the parking garage's gates weren't working properly, so people were trying to carefully park in areas. They could've easily been ticketed, but this cop was just happily towing them away. I was across the street from him, and said "could you not be such a dick? These people can't even park in their own garage!" He told me to come over to him, and then arrested me for jaywalking. I'm sorry, but 90% of cops are worthless lowlifes.