DA Watch: On Second Thought, Let's Drop All the Charges

This is a great story.

It all began last week, over in West Viriginia, when some poor guy got pulled over because he was driving with his headlights off.

After he was pulled over, the police suspected that this guy (let's call him "Jose" because that's his name - Jose Cruz) was driving drunk, so they had Jose do a few field sobriety tests.

Jose failed. Jose was arrested. The cops took him to jail.

At the jail, Jose was being fingerprinted (imagine how bad a day that Jose is having right about now) which is part of the standard booking process. He'd get photographed, too -- you've seen those mugshots over at TMZ.com, right? (Heather Locklear's is online today, for her DUI bust this weekend.)

Well, while Jose is getting his inky fingers smashed on the fingerprint boards, Jose let one go. You know what I mean. Jose passed gas. Jose let one rip. Jose cut the cheese. Jose broke wind.

Jose pooted or tooted, but there was absolutely no report that Jose asked the officer to pull his finger.

And then, yes folks, Jose was arrested for BATTERY because he passed gas while he was being booked. The cop that was standing there said that "the odor was very strong." You think?

I suppose that if Jose HAD asked the officer to pull his finger, then an assault charge would have been added ....

Of course, this story went all over the web that night. Drudge Report had it as one of their headlines, it was all over the blogs and forums -- you get the idea.

And, the next morning, one of the assistant prosecutors roamed into the magistrate's office and asked that the battery charge be dropped.

It was. Fancy that.

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