A West Virginian man has been charged with battery on a South Charleston police officer for passing gas and waving the “fumes” toward the patrolman.

Jose A. Cruz, 34, failed three field sobriety tests. As the officer was trying to get fingerprints, Cruz moved closer, lifted his leg and “passed gas loudly.” Cruz then fanned the gas toward the officer. According to the report, “The gas was very odorous and created contact of an insulting or provoking nature with” the patrolman.