SEPTEMBER 24--Meet Jose Cruz.

In the long history of American jurisprudence, the West Virginia man may be the first defendant to ever be charged with passing gas in the face of a law enforcement officer. Cruz, 34, was driving with his car's headlights off Monday night when he was pulled over by West Charleston cops, who noted that Cruz appeared to be intoxicated.

After failing a series of field sobriety tests, Cruz was arrested and transported to police headquarters, where he allegedly committed another offense, according to a September 23 criminal complaint (a copy of which you can find here).

While being fingerprinted, Cruz allegedly 'lifted his leg and passed gas loudly on Ptlm. Parsons. The defendant then fanned the air with his hand in front of his rear onto' the cop. 'The gas,' the complaint notes, 'was very odorous and created contact of an insulting or provoking nature with Ptlm. Parsons.' In addition to the DUI count, Cruz was also charged with battery on a police officer for the farting incident.

In a TSG interview, Cruz said that while he 'farted multiple times,' it 'wasn't directly in [the cop's] face.' Asked if he fanned the fetid air toward the officer, Cruz admitted that he did, but said it was in retaliation for the cop insisting he take a breath test while he was having an asthma attack. 'I said, 'Here, put that in your Breathalyzer,' he recalled.

Cruz, who works as a boilermaker, said that he has been arrested more than a dozen times, including twice previously for drunk driving. After posting $500 bond, Cruz was released this morning from a Charleston jail where he had been held on the misdemeanor charges. (4 pages)