Chambersburg man claiming 'right to peacefully protest' charged with resisting arrest

CHAMBERSBURG - Police used a stun gun on a Chambersburg man who they say resisted arrest and claimed he had the right to "peacefully protest" after being told to leave a local bar. 

Devonte Marquies Montgomery, 22, is charged with one count misdemeanor resisting arrest and one count misdemeanor disorderly conduct, and cited with public drunkenness, according to court documents. 

Officers were called at about 12:21 a.m. Sunday, Oct. 28, to Relax Lounge, Orchard Drive, because a group of people were refusing to leave, according to court documents filed in Magisterial District Judge Annie Gomez Shockey's office in Waynesboro. Police found six or seven women and two men surrounding security in the back of the room. Most of them left after police arrived and told them they would be charged if they did not comply. 

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However, Montgomery approached police while holding his hands out in front of him as if he wanted to be handcuffed, police said. He had slurred and heavy speech, indicating he was drunk, police said. 

Montgomery continued to argue with officers about leaving, and told them he had the right to "peacefully protest." Authorities informed him he was on private property and had no right to protest, during which time several women in the group began to pull him away, court documents show.

Montgomery continued to disobey police, and a struggle ensued after police began trying to put him into a patrol vehicle. As police held him against the side of the vehicle, Montgomery yelled that police needed to "read him his rights," court documents state. 

Montgomery refused police commands to get inside the vehicle. At one point he attempted to kick an officer off of him, so the officer retrieved his Taser. Despite being warned he would be shot with the Taser, Montgomery continued wrestling with the officer, so the officer applied the Taser against Montgomery's side. Montgomery then complied and got in the vehicle. 

A preliminary hearing is scheduled for 8:15 a.m. Tuesday, Nov. 6, before Judge Gomez Shockey in Franklin County Central Court, Chambersburg.