Battery charge dropped in flatulence case

CHARLESTON, West Virginia (AP) -- A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge.

Jose Cruz says West Virginia police denied his request to use the restroom.

The Kanawha County prosecutor's office requested that the charge be dropped against 34-year-old Jose Cruz.

According to a criminal complaint, Cruz passed gas and made a fanning motion toward patrolman T.E. Parsons after being taken to the police station for a Breathalyzer test.

Cruz denies fanning the gas and says that his request to use a restroom when first arriving at the station was denied.

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An assistant says Magistrate Jack Pauley signed a motion to dismiss the charge Thursday.

Cruz, who was arrested Tuesday, still faces driving under the influence and other charges.