Accused cop killer sentenced to 18 years on additional federal charges
April 25, 2017 08:05 AM
ALBUQUERQUE, N.M. -- Chief U.S. District Judge M. Christina Armijo sentenced Davon Lymon, 36, of Albuquerque, N.M., Monday for his conviction on federal heroin trafficking and firearms charges.
Lymon was sentenced to 18 years for the charges. His prison time will be followed by three years of supervised release.
Armijo 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.
In a statement Monday, 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."
Lymon now stands convicted in two federal cases. The first indictment in the first case charged Lymon with four counts of being a felon in possession of firearms and one count of possessing a stolen firearm. The indictment in the second case charged Lymon with two heroin trafficking charges and a felon in possession of a firearm charge.
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 first case (the firearms case). Armijo found Lymon guilty on Count 4 of the four-count indictment 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 Albuquerque Police Officer Daniel Webster, who died on Oct. 29, 2015, due to injuries he allegedly sustained during the shooting.
Lymon has been charged with murdering Webster in a separate state case. He has entered a not guilty plea to the charges in the state case.
"I don’t know how I feel right now," said Michelle Carlino-Webster, the officer's widow. "You would think I'd feel better, but it’s ultimately I think it’s very sad that we have to rely on this fed system to get any justice in this city and in this state, and I think everybody in this community should really open their eyes to that and we need changes."
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. 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, without the benefit of a plea agreement.
"It’s hard to look at him [Lymon] knowing he was the last person to hear Dan talk, and to hear him yell at him and to hear commands and to hear anything coming from Dan," Carlino-Webster said. "I hate that he had that, but Dan got to hear my words before I let him go, so I have peace in that. But he [Lymon] doesn’t get my anger. He’s not worth any of that."
Updated: April 25, 2017 08:05 AM
Created: April 24, 2017 11:15 AM
Copyright 2017 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved