Man charged with battery for farting on police officer

CptStern

CptStern

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they're pigs you'd think they'd be used to the smell by now

<incoming Tyguy blasting stern for being a cop killer ..err hater>


A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge.

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.
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http://news.yahoo.com/s/ap/20080925/ap_on_fe_st/odd_flatulence_charge
 
Lawl. Do want to do.
 
A West Virginia man accused of passing gas and fanning it toward a police officer no longer faces a battery charge. The Kanawha County prosecutor's office requested that the charge be dropped against 34-year-old Jose Cruz.
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char.
 
that cop needs to grow the **** up. I'd kick his ass off the force for being a whiny bitch.
 
The cop should've stayed farther away from the suspect.
 
nurizeko said:
I'll say, because the world totally needs emo cops.
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Was that supposed to be sarcastic? Because it doesnt make sense. And if it wasnt sarcastic, then it still doesnt make sense.
 
The Australian criminal code of 1899 defines criminal assault as:
A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault.
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Quite under his legal rights. But you would have to be a **** to issue charges against such an act.
 
Would be different if it was, no? :p Nah just the legal definition in the Australian system, the newer aussie crim code has been revised and details about odours and such



There's no safe place for a public farter these days methinks :x


VirusType2 said:
where in there can you justify the case?
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--->
...otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent...
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I'm trying to picture how other cops would deal with something like that, but I've got nothing.

I assume it's more of a rolling eyes/disgusted look, 'you better get your shit straight I'm the one with the gun' kinda thing.

And then there are some that would grab the guy by the shoulder and behind the back handcuffs till it was quite uncomfortable and escort them into the holding cell.

I've noticed that they switch off with another cop quite often. It's like they take turns. I guess it's pretty stressful to them because they are constantly on guard.

And I've been booked about 15 times, mostly for over-nighters and weekends and shit.
 
Agreeing that the policeman is a huge pussy. Disagreeing once again with all the police hate. Granted 90% of the police I've come into contact with have been douchebags, some of them are actually very alright. And I wouldn't want to see London without them D:
 
Koola Mena said:
...otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent...
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How in the world do you get 'applying force to someone' out of farting Koola?

Directly or indirectly would cover things like projectiles, using tools, machinery, and objects. It's not going to cover bad smelling air being wafted in someone's direction.

Was it rude and disrespectful? Definitely.

Put it like this. It was a BS charge and that's why it was dismissed.

I got an assault and battery charge before, and the police officer told me that when I verbally harassed him and intimidated him, that was assault, and when I grabbed and pushed him down, that was battery.


If you stretch the law as far as possible he possibly could have charged him with assault because it might be considered intimidation, depending on details not in the article. But battery? Not on your life.

I could maybe see something like disorderly conduct or disrespecting an officer. I have heard of people being arrested for vulgarity towards, or making rude gestures at police, so that's why I say that this was the officers best bet if he really wanted the charge to stick.

The judge was probably annoyed that the officer would waste his time and let him know it.


Incidentally, my A&B charge was dismissed.
 
God damn, i've seen people yell shit like "**** the police" and start oinking randomly pigs to absolutely no effect.

Must have been one pissy mofo.
 
VirusType2 said:
How in the world do you get 'applying force to someone' out of farting Koola?

Directly or indirectly would cover things like projectiles, using tools, machinery, and objects. It's not going to cover bad smelling air being wafted in someone's direction.

Was it rude and disrespectful? Definitely.

Put it like this. It was a BS charge and that's why it was dismissed.

I got an assault and battery charge before, and the police officer told me that when I verbally harassed him and intimidated him, that was assault, and when I grabbed and pushed him down, that was battery.


If you stretch the law as far as possible he possibly could have charged him with assault because it might be considered intimidation, depending on details not in the article. But battery? Not on your life.

I could maybe see something like disorderly conduct or disrespecting an officer. I have heard of people being arrested for vulgarity towards, or making rude gestures at police, so that's why I say that this was the officers best bet if he really wanted the charge to stick.

The judge was probably annoyed that the officer would waste his time and let him know it.


Incidentally, my A&B charge was dismissed.
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...

CRIMINAL CODE 1899 - SECT 245
245 Definition of assault
(1) A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault.

(2) In this section--

applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
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http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s245.html



Two different charges over here mate, over there yours is battery. Our version is assault occaisioning bodily harm (an aggressive assault charge).

One and the same.
 
if applied in such a degree as to cause injury or personal discomfort.
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Personally, I don't think his fart injured the officer or even qualifies as personal discomfort. I would consider discomfort as for example if you push someone.

I would think for odor to qualify it would have to be harmful along the lines of gasoline.


The guy was drunk and had to shit and the officer refused to allow this man basic human rights. I'll say the same thing the judge told me - the reason my charge was dismissed, "It sounds like he deserved it."
 
All the funny pun makers left to let off some steam.



Virus, i've given up trying to school you how to interpret laws.
 
School me? Well that was rude.

This thread is about US laws and you keep bringing up Australian laws.

You are telling me that you interpret your law as farting = illegal. Giving up was a good idea.
 
Koola there's room for interpretation mate.
 
VirusType2 said:
School me? Well that was rude.
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It was indeed, i apologise.

VirusType2 said:
This thread is about US laws and you keep bringing up Australian laws.

You are telling me that you interpret your law as farting = illegal.
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I'm not gonna bother arguing if you won't see other the other side of the table. Applying this situation in other environments (ie: other laws, which were presented) would be desirable to understand the situation better. Being able to criticallly and laterally think are needed for any investigator or criminal justice personel, especially lawyers. Your lack of interpretation of other outlooks of this situation and the nature of your mention of your A&B charge appear to me that you wish to have an element of self-glorification yet still remain close minded. Therefore there's no point diving deeper into a debate not worth having.

VirusType2 said:
Giving up was a good idea.
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Get ****ed





edeeeet:

Jintor said:
Koola there's room for interpretation mate.
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Indeed there is good sir!
 
Koola Mena said:
I'm not gonna bother arguing if you won't see other the other side of the table.
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I feel that's what you are doing.

I saw your argument, but rather firmly don't feel it should be interpreted literally.

In my opinion, passing gas in the vicinity of another shouldn't be interpreted as 'assault and battery', or anything else illegal, no matter what country you live in. The contrary is ridiculous to me. But I didn't say you didn't have any basis. Hell, you did present it word for word.

I don't see why you didn't argue your case further if you feel you are correct. I don't see how anything I said could be interpreted as 'the end of discussion, I refuse to debate anymore.'

You just coped out of the argument, which is fine. I had nothing more to add unless someone introduced something new. No need for insults.

Koola Mena said:
Applying this situation in other environments (ie: other laws, which were presented) would be desirable to understand the situation better. Being able to criticallly and laterally think are needed for any investigator or criminal justice personel, especially lawyers. Your lack of interpretation of other outlooks of this situation...
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Hot air/jargon/insult

I interpreted it the way I thought was logical in this case. You didn't interpret it at all. You took the wording literally.

Fine, but don't say I'm not willing to analyze and interpret the law you presented because that's what you did, not me.
Koola Mena said:
and the nature of your mention of your A&B charge appear to me that you wish to have an element of self-glorification yet still remain close minded.
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Call it what you want. I'm speaking from first-hand experience of US laws, having lived here for 33 years, and having gone through the legal process of having the exact charge of this topic. It couldn't have been more relevant.

Perhaps also worth mentioning, I've been to court about 40 times and each time was required to wait my turn for hours, witnessing the judicial process in action against fellow citizens, not to mention growing up watching Cops TV every week night for years, and watching Court TV as well.

I feel like you are being thick headed, acting like a know-it-all. I know you are taking Australian law studies, but I feel you are defending what you don't even really believe yourself, simply because of that. Just to have an opposing view of my own.
Get ****ed
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<3

lol

Jintor said:
Koola there's room for interpretation mate.
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Thanks.
 
"Say Terrance.... what colour is the wind?"

tnpshow.gif
 
CptStern said:
they're pigs you'd think they'd be used to the smell by now

<incoming Tyguy blasting stern for being a cop killer ..err hater>




http://news.yahoo.com/s/ap/20080925/ap_on_fe_st/odd_flatulence_charge
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I no longer go by my slave name, stern...

No one seems to take into account why he was arrested in the first place. I love the immediate compassion for the drunk driver and the biased hatred towards the officer. Some of you need to go jack it to some taser videos to keep reassuring yourselves that all cops are crooked and evil.

but then again, theyre pigs anyway, right? :rolleyes:
 
I don't think anyone is defending drink drivers whilst demonising cops, it's more of a fact that a charge of "battery" for passing wind is a bit stupid.

.... more like "farttery", eh? EH?! olololol.
 
Cormeh said:
I don't think anyone is defending drink drivers whilst demonising cops, it's more of a fact that a charge of "battery" for passing wind is a bit stupid.
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The cop was demonised from the start with a couple mildly trollish statements.

Was it battery? Yes. I literally just asked a few cops. Was it appropriate to charge him with? Who knows but it was legal.

Cormeh said:
.... more like "farttery", eh? EH?! olololol.
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facepalm :D
 
Barney Trouble said:
I no longer go by my slave name, stern...
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slave name? sounds kinky ..I liked Tyguy, this new barney trouble guy isnt as easy going/thinks-I'm-out-to-get-him-when-I-actually-like-him

I was just teasing you because you always overreact when I post something to do with police; accusing me of hating cops and jumping to conclusions ..it was done innocently, no malice intended

Barney Trouble said:
No one seems to take into account why he was arrested in the first place. I love the immediate compassion for the drunk driver and the biased hatred towards the officer. Some of you need to go jack it to some taser videos to keep reassuring yourselves that all cops are crooked and evil.

but then again, theyre pigs anyway, right? :rolleyes:
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oh come on :laugh: you're reading far too much into people's reactions here ..he FARTED on the police officer he didnt pistol whip him or rip out his throat with his teeth ..who here hasnt farted on someone? damn I'd be serving a prison sentence if my wife ever pressed charges.

no one here is slamming police officers in general just this whiney police officer

and the charges of battery were dropped. obviously the court saw no merit in presuing the case

oh and lol@ debate of wether a fart constitutes assualt and or battery ..even if farting technically falls into the umbrella of what may be construed as assualt and or battery any police officer worth his salt knows better than to trivialise the law and waste the courts time with something so stupid
 
CptStern said:
slave name? sounds kinky ..I liked Tyguy, this new barney trouble guy isnt as easy going/thinks-I'm-out-to-get-him-when-I-actually-like-him
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i agree, it is a stupid charge, especially when it's over shadowed by drunk driving. It would also be a stupid charge to have on your file. I was just "clearing the air" so to speak on the legality issue, as it had been brought up a few times since the original post.

PUN!!! (realizes saying no pun intended is a lie, and pun intended is an insult to the rest of you for not getting the pun)

also

CptStern said:
this new barney trouble guy isnt as easy going/thinks-I'm-out-to-get-him-when-I-actually-like-him
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awwww :upstare:
 
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