The Crime of Farting Around

It is a common perception that Americans are tough on crime. I never gave that notion very much thought. I just accepted that the people of the U.S. do not have a high tolerance for bad guys.

But now I have some proof that our southern neighbours aren’t foolin’ around when it comes to scofflaws and mischief makers. A news story this week convinces me just how seriously some of the 50 states of the Union (not all) take their administration of justice. It is the fact that apparently, in at least one place in the U.S., a man can be charged for farting.

Yes, it’s true. A guy in West Virginia was charged with battery on a police officer after passing gas last week and fanning it towards the cop who was booking him for driving offences.

As Patrolman T.E. Parsons prepared the breathalyzer machine back at the police station, suspect José A. Cruz, 34, scooted his chair toward Parsons, lifted his leg and “passed gas loudly”, the complaint taken out against him said. According to the complaint, Cruz then fanned the gas toward the officer.

“The gas was very odorous and created contact of an insulting or provoking nature with Patrolman Parsons,” the complaint alleged.

For his part, Cruz says he didn’t aim his nasty missile at the patrolman at all. He said he had an upset stomach at the time, but police denied his request to go to the bathroom when he first arrived at the station.

“I couldn’t hold it no more,” he is quoted as saying in a newspaper story this week.

Cruz said the officers at the station thought the gas incident was funny when it happened and laughed about it with him but things turned serious later.

“This is ridiculous,” he said. “I could be facing time.”

This situation raises several curious observations. Is crime in West Virginia so well eradicated that they are now going after people who pass gas inappropriately? And sent to jail on such a charge, how would the culprit answer the other prisoners when they asked you why he was being locked up?

Now, I don’t think what José did would look very good on his résumé and surely this was not his finest moment. But should the gaseous ones among the population really be incarcerated?

And if so, what are the various penalties that should accompany such an offence? And are other bodily functions potential lawbreakers too? Does belching border on the criminal? What about sneezing too loudly, spraying in seven directions in the process?

I’m afraid my grandmother, rest her soul, would not have done well in a West Virginian society that charges aggressive flatulence producers. Because on that subject, she had two favourite expressions.

“Wherever ye be, let your wind blow free,” she would say.

And hearing one of her six children express themselves in such a way, she would remark, “Well, that’s better out than an eye!”

She also would tell members of her brood: “Go outside and let the wind blow the stink off you.”

When Cruz is done serving his time, I think he should consider trying to sneak into Canada. In this country, we don’t believe in capital – or rectal – punishment.

He needs a vacation. He could come up here and bum around for a while.

©2008 Jim Hagarty

Author: Jim Hagarty

I am a 72-year-old retired journalist, busy recovering from a lifelong career as an unretired journalist. This year marks a half century of my scratching out little fables about life. My interests include genealogy, humour and music. I live in a little blue shack in Canada and spend most of my time trying to stay out of trouble. I am not that good at it. I also spent years teaching journalism. Poor state of journalism today: My fault. I have a family I don't deserve, a dog that adores me, and two cars the junk yard refuses to accept. My prized possessions include my old guitar and a razor my Dad gave me when I was 14 and which I still use when I bother to shave. Oh, and my great-great-grandfather's blackthorn stick he brought from Ireland in the 1850s. I have only one opinion but it is a good one: People take too many showers.