/crime
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.
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.
Copyright 2008 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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