April 24, 2017
Contact: Diana Apodaca
Phone Number: (915) 832-6000
38 Years For Lymon On Firearms, Heroin Trafficking Charges
Allegedly Shot Albuquerque Police Officer Daniel Webster Who Died Due to Injuries Sustained During Shooting
ALBUQUERQUE, N.M. - This morning Chief U.S. District Judge M. Christina Armijo sentenced Davon Lymon, 36, of Albuquerque, New Mexico for his conviction on federal heroin trafficking and firearms charges. Lymon was sentenced to 216 (18 years) of imprisonment, followed by three years of supervised release. The Chief Judge ordered that Lymon serve the 18-year prison sentence consecutive to the 20-year prison sentence previously imposed on April 5, 2017, on Lymon’s conviction on two felon in possession of firearms charges, for a total sentence of 38 years of imprisonment.
Lymon’s sentence was announced by Special Agent-in-Charge Will R. Glaspy of the El Paso Division of the DEA, Acting U.S. Attorney James D. Tierney, Special Agent-in-Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden E. Eden Jr., of the Albuquerque Police (APD).
In announcing the sentence, Special Agent-in-Charge Will R. Glaspy of the El Paso Division of the DEA said: “Today’s sentencing closes the door on the federal prosecutions of Davon Lymon. DEA and its law enforcement partners are committed to working together to ensure that drug traffickers who use firearms to facilitate their drug trafficking activities and to commit other crimes face the consequences of their criminal activities.”
Acting U.S. Attorney James D. Tierney said, “The U.S. Attorney’s Office prosecuted Davon Lymon on federal charges because as a community, we cannot and will not tolerate violence against law enforcement officers. The entire law enforcement community - federal, state, county, local and tribal - is committed to working collaboratively to thoroughly and completely investigate and prosecute those who seek to harm the courageous officers who put their lives on the line to protect us and safeguard our communities.”
“I wish to commend the investigative efforts of all our law enforcement partners involved in the federal prosecutions of Davon Lymon,” said Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “I also wish to recognize the determination of the federal prosecutors assigned to this case and the leadership of the U.S. Attorney’s Office.”
“We are very grateful for the hard work of Assistant U.S. Attorneys Kimberly Brawley and Jacob Wishard of the U.S. Attorney’s office in the successful prosecution of Davon Lymon on federal charges,” said Chief Gorden E. Eden Jr., of the APD. “The federal convictions will ensure that Lymon remains behind bars until he can be prosecuted on his pending state charges.”
Lymon now stands convicted in two federal cases. The first indictment in the first case, filed on November 27, 2015, charged Lymon with four counts of being a felon in possession of firearms and one count of possessing a stolen (the firearms case). The indictment in the second case, filed on December 2, 2015, charged Lymon with two heroin trafficking charges and a felon in possession of a firearm (the heroin trafficking case). At the time Lymon committed the crimes, he was prohibited from possessing firearms because of his prior felony convictions for voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery.
Lymon was convicted on two of the four charges in the firearms case. Chief U.S. District Judge Armijo found Lymon guilty on Count 4 of the four-count indictment on October 28, 2016, following a bench trial on that charge alone. Count 4 charged Lymon with being a felon in possession of a firearm and ammunition on October 21, 2015, the day on which he allegedly shot Albuquerque Police Officer Daniel Webster. Officer Webster died on October 29, 2015, due to injuries he allegedly sustained during the shooting, and Lymon has been charged with murdering Officer Webster in a separate state case. Lymon has entered a not guilty plea to the charges in the state case and is presumed innocent unless found guilty.
On December 13, 2016, Lymon pled guilty to Count 2 of the indictment in the firearms case under a plea agreement with the U.S. Attorney’s Office, and admitted unlawfully possessing a firearm on May 27, 2016. As part of the plea agreement, the U.S. Attorney’s Office agreed to dismiss Count 1, charging Lymon with being a felon in possession of a firearm on May 27, 2015, and Count 3, of the indictment, charging Lymon with possessing a stolen firearm in May 2015. The indictment in the second federal case charged Lymon with distributing heroin on September 11, 2015 and October 2, 2015, and unlawfully possessing a firearm on October 2, 2015. Lymon pled guilty to the three charges in the heroin trafficking case on May 9, 2016, without the benefit of a plea agreement.
The Albuquerque office of ATF and APD investigated the firearms case, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division. The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.
Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley prosecuted the two federal cases against Lymon as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.