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: Sandy Davis
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

POLICE: SUSPECT GROWING POT

2 Wounded Officers Improving; Search 'Routine'

A man, who left Baton Rouge residents stunned when he killed a
narcotics officer and wounded two others Wednesday was growing
marijuana in an upstairs area he converted to a greenhouse.

"He had set up the entire second floor of the duplex as a greenhouse,"
said Sgt. Don Kelly, a spokesman for the Police Department.

"There were pots, fertilizer, growing lights, everything he needed for
a greenhouse," Kelly said.

Gergely Garry Devai, 3634 Capital Heights Ave. also had 72 marijuana
plants, 60 plastic bags filled with marijuana ready to sell, scales
and other drug paraphernalia, $1,386 in cash, and two guns including a
.45-caliber handgun and a sawed-off shotgun, Kelly said.

Police spent much of Thursday piecing together what happened when
officers went on what they thought would be a routine search.

"We're all tired," Police Chief Jeff LeDuff said.

What police do know is that Devai opened fire with what police believe
was the .45-caliber handgun as the three officers burst through the
front door of his duplex with a search warrant in hand about 3:15 p.m.
Wednesday.

At least one of the officers returned fire, striking Devai twice in
the abdomen and once in the arm, according to an autopsy performed
Thursday morning, Kelly said.

Devai was taken to Baton Rouge General Medical Center where he died
about an hour after the gunfight.

Detective Terry Melancon, 31, who had been with the Police Department
for four years, died in the gunbattle.

Detectives Dennis Smith, 41, and Neal Noel, 35, were wounded.

Both police officers are expected to recover.

After the shooting, police found 100 loose rounds as well as several
loaded clips for Devai's handgun inside the duplex, Kelly said.

Police, with their badges covered with a strip of black mourning
ribbon Thursday, were struggling to understand what happened on the
quiet, middle-class street Wednesday afternoon.

"It began with a neighbor's complaint, as so many do," Kelly said of
why the narcotics agents began investigating Devai.

"The neighbors noticed suspicious activities at his house," Kelly
said.

The narcotics team launched an investigation and by Aug. 2, they used
a confidential informant to buy marijuana from Devai, who police said
was of Hungarian descent.

The informant told police that he observed "additional quantities of
marijuana packaged for sale" while he was inside the duplex.

Based on that information, Noel asked Judge Todd Hernandez for a
search warrant Aug. 4.

"It was a no-knock search warrant," Kelly said. "That allowed them to
enter without knocking. But they did knock and repeatedly asked him to
open the door on his own terms. He refused."

Seven narcotics agents went to Devai's duplex. Only three went
inside.

"I assume there was never an opportunity for the other four to get
inside," Kelly said. "Those four officers have been placed on
administrative leave."

Placing officers involved in a shooting on administrative leave until
an internal investigation is complete is generally routine.

Kelly said all of the narcotics officers were dressed in civilian
clothes for the search, but were wearing Kevlar vests with the word
"POLICE" on the back. They also had their police badges on chains
around their necks.

Because Devai was not considered dangerous, the SWAT team was not sent
on the search, Kelly said.

"He did not have a huge criminal background," Kelly said. "This was
not considered high risk."

LeDuff said much planning goes into such raids by officers, who
consider their policies, procedures as well as the equipment they will
need for the search.

"We have to be perfect," LeDuff said. "The guy in the house has to be
lucky."

When Devai didn't answer the door, Melancon, Smith and Noel forced
their way in the front door, and Devai started shooting, Kelly said.

"It sounded like a war zone over there," said Mike Brady, 31, who
lived next to Devai in the duplex. "These walls are paper-thin. All I
could hear was screaming, yelling, banging and shots being fired."

"They were yelling, 'Get down! get down!' And, after a few minutes,
'Hang in there! Hang in there!'" he said.

Brady was playing the Madden 2006 football video game when the
gunfight started. His front door is only a few feet from Devai's front
door.

"I dropped down to the floor and started crawling," Brady said. "I saw
powder flying as bullets were coming through the walls."

Police counted seven bullet holes in Brady's apartment.

"I think I'm really lucky to be alive," Brady said.

When Brady first went outside after the shooting, he was ordered back
into his apartment by police, who Brady said arrived within a minute
of the shooting.

After about 10 minutes, Brady walked back outside to the front
yard.

"I saw (Devai) handcuffed and face down in the front
yard.

"He had blood on his back, his leg and his shorts," Brady said. "He
just kept looking back and forth. He wasn't saying anything."

Police were running out of Devai's apartment.

"A lot of them were crying," Brady said.

Brady said he didn't know Devai very well. The two men exchanged
greetings when they passed.

"I did let him use all of the back yard we were supposed to share,"
Brady said. "He was always building something. Sawing and making
things out of wood."

"I have no idea what he was making," Brady added.

Brady said that Devai, who lived alone, seemed to really like his two
dogs, Silas, a Labrador mix, and Trouble, a Rottweiler, and two puppies.

"I never expected anything like this to happen," Brady said. "He
always seemed like a nice guy."

Police mourn

Thursday morning, police held a private meeting at the police memorial
wall at Governmental Building, 222 St. Louis St.

"This was a private vigil," LeDuff said. "We removed the city's flag
that was flying when we lost our hero."

"We took it down, folded it and it will be presented to Terry's loving
family," LeDuff added.

Melancon's supervisor, who was not identified, then raised a second
city flag, and then lowered it to half-staff.

"We could have asked that this be done," LeDuff said. "But we wanted
it to be done by our own hands."

LeDuff said that during the meeting the police "had conversation, we
cried together, we prayed together, and decided we're going to take
this journey over the next couple of days together."

By today, police will begin the "process of honoring our fallen
angel," LeDuff said of the services that will be held for Melancon.
Visitation will be at the Healing Place Church on Highland Road Friday
and Saturday, and the funeral will be held at the church at 11 a.m.
Saturday.

"We will then honor him by escorting him to his final resting place,"
LeDuff said.

Brother Wayne Austin, an associate pastor of Healing Place Church,
said he's expecting a large crowd for the funeral.

"We can seat 1,200 people," he said. "And we expect every seat to be
taken."

He said Melancon's family as well as church members "are
broken-hearted. We're all hurt."

"He was a wonderful young man who loved God," Austin said of Melancon.
"He loved life. He was so very special."

Melancon's death has "touched so many people," Austin added. "Ever
since anyone can remember, Terry wanted to be a policeman.

"All he ever wanted to do was make this a better place for all of us
to live."

Melancon's uncle, Lynn Melancon, who retired after serving 28 years as
a Baton Rouge police officer, said he and the rest of his nephew's
family are devastated.

"Terry was smart, intelligent, likable, and went out of his way to
help people," Melancon said. "He was a happy person who was usually
smiling."

The elder Melancon agreed that his nephew loved his
job.

"My father, who was Terry's grandfather, was also a cop for 30 years,"
Melancon said. "It's in his blood. Ever since I can remember, Terry
knew that. All he really wanted was to be a cop, and he was a good
cop.

"And, no matter what happened, he loved it. He really did. He loved
being a cop."

Recovering

Neal Noel, who was shot in the leg, was in good spirits Thursday,
LeDuff said.

"He went through surgery last night," LeDuff said. "Some repairs were
begun on his leg, but he is a long way from being back to the way he
was. He has a long road ahead of him -- but he is on the road to recovery."

LeDuff said officers were "really worried" about Dennis Smith after
the shooting.

"We were worried that we were not only going to lose Terry, but we
were concerned about Dennis," LeDuff said.

Officers at the scene said Smith was shot in the back of the head and
the bullet ricocheted into his shoulder.

By Thursday afternoon, LeDuff said Smith's condition, while still
listed as critical, had improved.

"He was taken off a ventilator, was chewing ice, he's talking, and
I've been told that beautiful smile he possesses has found a way to
surface," LeDuff said.

Kenneth J. Riemer of Mobile, Ala., said Thursday he has been friends
with Smith since the two were in LSU's Tiger Band in 1982.

"He played the trombone in the band," Riemer said. "He was also the
Tiger mascot for a couple of years."

Riemer said Smith is well-known in the city, for his years in the band
as well as for being a police officer.

"He's a great guy," Riemer said. "He's funny, lighthearted, but
strong. He's the kind that we all hover over, the type with a
personality that others feed off of.

"We're all relieved he's going to be all right," he added.
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MAP posted-by: Larry Seguin