A Worthington man who was stopped for speeding then accelerated away when the traffic stop concluded was stopped a second time for speeding then was uncooperative with a deputy. He was arrested and has been charged with reckless driving as well as refusal to assist an officer after being told over 20 times to exit his vehicle.

James Tully Gilmartin, 27, Worthington, was arrested by Deputy Sergeant Jordan Allor of the Greene County Sheriff's Department last Thursday night, November 10. Gilmartin was the driver of a red 2012 Kia Sportage that was stopped twice in a short period of time.

Sergeant Allor was westbound on State Road 54 leaving Bloomfield behind three vehicles when when the Kia Sportage right in front of him passed the vehicle in front of the Kia then passed the vehicle in front of that one. When the Kia passed the first vehicle, Sergeant Allor and the vehicle that was passed were both going 50 mph which is the posted speed limit in that area. Sergeant Allor was then able to get around the two vehicles that were passed and tried to catch up with the Kia.

As the Kia was reaching the intersection of SR 54 and SR 57, Sergeant Allor’s radar showed the Kia was going 82 mph in a 50 mile per hour zone. After the Kia turned north on SR 57, a traffic stop was initiated by Sergeant Allor with Deputy Kelly Hutchens assisting on the stop.

Gilmartin reportedly told Allor there was no reason for him to be speeding as he handed his driver's license to the deputy who returned to his patrol vehicle to check on Gilmartin's information and write a citation. Allor reported Gilmartin seemed irritated when he was stopped and seemed more irritated when he was given the citation. Allor gave all documents back to Gilmartin and told him to slow down and drive safely but as he stepped away from the Kia, Gilmartin accelerated away at a high rate of speed.

Allor returned to his patrol vehicle, turned off all emergency lights and when he caught up to the Kia once again, he paced the Kia going 70 mph in a 55 mile per hour zone and activated the red and blue lights again to initiate a second traffic stop.

In the report written by Sergeant Allor, he explained that he decided to conduct an unknown risk traffic stop due to Gilmartin's behavior and he ordered Gilmartin to shut the vehicle off and exit the vehicle for officer safety but Gilmartin refused to exit and asked why. At this point Sergeant Allor was assisted on the scene by Deputy Hutchens and Officer David Sparks of the Worthington Police Department.

According to Sergeant Allor, he told Gilmartin to get out of the Kia four times and Gilmartin asked if he was being detained. Gilmartin was told that he was being detained and was not free to leave but he still refused to get out of the vehicle.

Gilmartin was told to get out of the vehicle 13 more times and then the Sergeant cited the case law of Pennsylvania v. Mimms which determined the driver of a vehicle must exit the vehicle when told to do so for officer safety. Gilmartin was also told after the 14th time that if he didn't get out of the vehicle, he was going to be arrested for refusal to aid an officer. After being told to get out of the vehicle for the 19th time, Gilmartin was told that he was being arrested for refusal to aid an officer. Finally, after being told to exit the Kia 21 times, Gilmartin put his hands out the driver’s window while holding a cell phone then after additional instruction, Gilmartin exited and walked to the patrol vehicle.

Sergeant Allor reported that in the search required during the arrest, the odor of marijuana was detected coming from Gilmartin and two hand rolled cigarettes containing a green plant material were found in a cigarette box in one of his pockets.

During the vehicle inventory prior to towing, a clear zip bag containing green plant material was found inside the car along with a container containing green plant material that later tested positive for marijuana.

Gilmartin was transported to the Greene County Sheriff's Department where he was booked into the Greene County Jail at 11:50 PM. His bond was set at $1500 surety with 10% cash allowed. He posted $150 and was released on November 11.

A criminal case was filed against Gilmartin in Greene Superior Court earlier today with an initial hearing set for Thursday. But Gilmartin retained an attorney and the defense waived the initial hearing.

Gilmartin has been charged with:

Reckless driving at unreasonable speed that endangers safety, a Class C misdemeanor,
Refusal to aid an officer, a Class B misdemeanor, and
Possession of marijuana, a Class B misdemeanor.