Man accused of golf club theft files complaint against retired fire marshal who held him at gunpoint

Posted at 8:32 PM, Jul 27, 2016
and last updated 2016-07-28 00:45:05-04

A man accused of stealing golf clubs is now filing a complaint against the man who held him at gunpoint.

The alleged thief, Devon Montgomery, 24, said he feared for his life when retired Sapulpa fire marshal, Donald Acree, 59, pointed a weapon at him at the Golf Galaxy on 71st Street between Memorial and Mingo Road.

Acree accused Montogomery of stealing his golf clubs at the LaFortune golf course.

When it first happened, Tulsa police said no charges would be brought against Acree, who claimed he was a police officer during the incident to get Montgomery to comply.

Now, Montgomery wants police to investigate, claiming the retired fire marshal violated the Oklahoma Firearms Act, and it's all caught on tape and posted to YouTube.

In the video, Montgomery is ordered to the ground at gunpoint. He said he felt his life was at risk. Acree was not charged with anything at the time, and Tulsa Police said a victim needed to file a complaint for them to investigate.

Montgomery said he just wanted to do the right thing, so he filed a complaint Saturday, asking police to investigate Acree's "reckless and completely unjustified" behavior.

"He was afraid for his life," Corbin Brewster, a criminal defense attorney, said. "Here's a man pointing a gun at him, telling him he's going to shoot him, cursing at him threatening him several times. He was afraid he was going to get shot."

Montgomery was not armed and in a statement to police said he complied with Acree's demands.

"Threatening to shoot that person over a few golf clubs goes beyond the boundaries of protecting your property," Brewster said.

Brewster also believes Acree put others in danger.

"He's not using the gun in a way to be careful not to shoot someone," Brewster said.

The attorney said there is also legal issue with Acree calling himself a police officer.

2 Works for You did reach out to Acree for comment, but phone calls were not returned.

Now Montgomery will wait and see if Tulsa police will investigate and recommend charges.

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