Pubdate: Fri, 12 Aug 2005
Source: Advocate, The (LA)
Copyright: 2005 The Advocate, Capital City Press
Contact: http://www.2theadvocate.com/help/letter2editor.shtml
Website: http://www.theadvocate.com/
Details: http://www.mapinc.org/media/2
Author: Adrian Angelette
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

DEAD MAN POSSIBLY FACED LIGHT SENTENCE

Mike Brady, 30, looks at one of the bullet holes made in his wall during a
shootout Wednesday between suspected drug dealer Gergely Garry Devai, who
lived in the apartment next to Brady, and police. The Hungarian national who
died in a shootout with narcotics officers Wednesday might have qualified
for a light sentence or even probation if he had surrendered instead of
pulling a gun, Baton Rouge lawyers speculated Thursday.

"It's a stupid thing. If he had just not armed himself with a weapon,
there's a good chance he would not have received any jail time if he
was a first offender," said John Russell, assistant public defender,
of Gergely Garry Devai.

Devai, 25, formerly of Debrecen, Hungary, apparently moved to Baton
Rouge a decade ago when his father joined the faculty at LSU.

Istvan Devai is an assistant professor at LSU's Wetland
Biogoechemistry Institute. The professor couldn't be reached for comment.

Gergely Devai went to high school in Baton Rouge, then attended LSU,
where he graduated in May 2003.

Information about his degree and major wasn't available Thursday
afternoon.

Police said Devai shot and killed Detective Terry Melancon, 31, and
wounded detectives Dennis Smith, 41, and Neal Noel, 35.

At least one officer returned fire. Devai died of his wounds at Baton
Rouge General Medical Center-Mid City.

The Advocate found no prior narcotics convictions for Gergely Devai in
a search of East Baton Rouge Parish court records. However, he did
face a misdemeanor assault charge after being accused of brandishing a
weapon nearly a year ago.

According to City Court records, Greg Sampson, 53, of Baton Rouge told
police in September that a silver Nissan pickup driven by Gergely
Devai had "cut him off" in traffic on Florida Boulevard.

When Sampson pulled up on Devai's right to ask "what's your problem,"
Devai pointed a shotgun at him, Sampson told police.

When stopped by police Officer Douglas Atkins, Devai provided a
different account, according to the police report.

"I did not cut him off, I passed him," Devai told the officer. "I did
not point a gun at him, but I did show it to him so that he would
leave me alone.

"All I know is I had a crazy black man pull up next to my truck, and I
wanted to have my gun out first just in case he pulled one out," Devai
told the officer.

Atkins cited Devai for the incident and confiscated the
shotgun.

Assistant City Prosecutor Terry Irby said Devai did not appear for his
scheduled July 5 trial date on the count of aggravated assault. A
bench warrant was issued.

The trial and a contempt hearing for not showing up for trial were
scheduled for Nov. 22, Irby said.

Narcotics detectives were aware of the incident, but did not consider
Devai dangerous prior to Wednesday's shootout.

Police suspected Devai was selling marijuana from his Capitol Heights
duplex, and the shootings occurred during an attempted search of his
residence. Police said at a news conference Thursday that a search of
Devai's duplex turned up 72 marijuana plants, 60 wrapped baggies of
marijuana, $1,386, drug paraphernalia and two guns.

Russell, who has spent years defending people accused of drug
offenses, said that had Devai been arrested, convicted and sentenced,
he would have been eligible for parole after serving only a third of
his sentence. Or, Russell said, Devai could have been released for
"good time" by the Department of Corrections after serving only half
his sentence.

Russell also said that he is familiar with the house where the
shootings took place because his wife's best friend lived there before
Devai.

When the friend was living there, Russell said, the upstairs was a
bedroom for a child and not a place for cultivating marijuana. He said
a long narrow stairwell leads up to the room that appears to have been
converted attic space because of an angled ceiling.

Another defense attorney, Francis "Bo" Rougeou said that unless other
felony offenses had been involved, Devai could have received probation
of up to five years.

"Drug Court has two goals," Rougeou said. "If you're using drugs, they
want you to stop using drugs, and if you're supplying drugs, they want
you to stop supplying drugs, and that might involve some jail time,"
depending on the amount of drugs involved.

Prosecutor Darwin Miller, who has years of experience prosecuting
narcotics cases in Baton Rouge, also said it's possible a person under
Devai's circumstances could have received probation.

Police likely would have booked Devai on counts of possession with
intent to distribute marijuana and cultivation of marijuana --
provided they had not found a gun and no other crimes were associated
with the arrest, Miller said.

The sentencing range for the marijuana crimes is five to 30 years, but
judges have the authority to suspend the sentence and place a person
under supervised probation.

"I've seen judges hand down the whole gamut," Miller
said.

In addition to probation, Miller said he has seen judges sentence
convicted drug dealers to six months of boot camp at Hunt Correctional
Center and to years in the state penitentiary.

If the narcotics officers had found that Devai had a firearm during a
drug arrest, Devai could have faced an additional charge of carrying a
gun while in possession of narcotics.

That offense carries a penalty of five to 10 years in prison, and
Devai could not have received probation on the gun charge, the
prosecutor said.

Marijuana offenses also become more severe as the amount of narcotics
and number of offenses increase, Russell said.

Metro reporter William Taylor contributed to this report.
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