ALBUQUERQUE - This morning, Chief U.S. District Judge M. Christina Armijo sentenced Davon Lymon, 36, of Albuquerque, N.M., for his conviction in one of his two federal cases. Lymon was sentenced to 20 years of imprisonment to be followed by three years of supervised release for his conviction on two felon in possession of firearms charges. Lymon will be sentenced on his conviction on two heroin trafficking charges and another felon in possession charge in his second federal case on April 24, 2017.
Lymon’s sentence was announced by 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, Special Agent in Charge Will R. Glaspy of the El Paso Division of the DEA, and Chief Gorden E. Eden Jr., of the Albuquerque Police Department (APD).
Lymon stands convicted in two federal cases. The first indictment in the first case, filed on Nov. 27, 2015, charged Lymon with four counts of being a felon in possession of firearms and one count of possessing a stolen firearm (the firearms case). The indictment in the second case, filed on Dec. 2, 2015, charged Lymon with two heroin trafficking charges and a felon in possession of a firearm charge (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 Oct. 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 Oct. 21, 2015, the day on which he allegedly shot Officer Daniel Webster of the APD. Officer Webster died on Oct. 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 yet to answer to the charges in the state case and is presumed innocent unless found guilty.
On Dec. 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 Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 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. Lymon will be sentenced on his conviction in the heroin trafficking case on April 24, 2017. He faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges and a statutory maximum penalty of ten years in prison on the firearms charge.
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 are prosecuting 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.
Source: U.S. Department of Justice, Federal Bureau of Investigation (FBI)
