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An Allegheny County man faces criminal charges for allegedly flipping the middle finger at another Route 30 motorist — North Huntingdon District Judge Doug Weimer.

Donald K. Gettig is accused of summary counts of harassment and disorderly conduct for allegedly making the gesture and cursing at the judge during a Nov. 29 incident in Irwin.

In addition, Gettig, 54, of 309 Walnut St., West Homestead, was charged with a misdemeanor offense of habitually driving with a suspended or revoked license and a summary offense of reckless driving.

Irwin Patrolman Gregory R. Smith filed the criminal complaint Wednesday with Jeannette District Judge Joseph DeMarchis. The judge's wife and 20-year-old son were in Weimer's vehicle and witnessed the incident, according to the complaint.

Weimer, a district judge for 18 years, told the officer that he was eastbound on Route 30 at 12:30 p.m. on Nov. 29 when he turned from the right-hand lane into the left-hand lane near Toona Auto Parts.

Another driver in a black Chevrolet Cavalier convertible, with the top down, passed Weimer's vehicle in the center turning lane on Route 30, then quickly got in front of Weimer and cut him off, according to the complaint.

The driver hit his brakes intermittently, "presumably to harass Weimer," near the Route 30 intersection at Ash Street, the complaint states. As both vehicles continued along Route 30, the driver allegedly gave Weimer the middle finger, then followed Weimer's vehicle to a Giant Eagle parking lot, where he allegedly swore at Weimer.

According to the complaint, the driver's car was registered to a relative of Gettig's. Weimer identified Gettig from a photo from North Huntingdon police records, Smith said in the complaint.

The filing of the disorderly conduct charge for Gettig's alleged use of a middle finger comes one month after Pittsburgh City Council approved a $50,000 settlement for a Butler County man who flipped off a motorist and city officer during a 2006 parking dispute in Squirrel Hill.

Prosecutors dropped the disorderly conduct charge, but the man sued to recover the cost of defending himself. A federal judge ruled in March that the officer's citation violated the First Amendment right to free speech.

Weimer told the Irwin officer that he believes the incident might have been a retaliatory act because of a past case. A search of court records showed no appearance by Gettig before Weimer.

Weimer's office received Gettig's case this week because the incident was in his district, but the judge said yesterday that he has notified the Westmoreland County court administrators of the conflict of interest.

"I won't handle it," Weimer said. "Another judge will hear the case."

Special Courts Administrator Don Heagy said county officials try to keep cases "geographically close" for parties when a judge recuses himself.

Gettig will be notified by summons that he has a preliminary hearing scheduled for Feb. 10.

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