Savannah Garcia was riding on the back of Lymon’s motorcycle on the October 2015 night when, prosecutors said, he fatally shot Albuquerque police officer Daniel Webster. In a previous federal firearms trial, she testified that Lymon shot Webster in the neck as the officer attempted to handcuff him during a traffic stop.
In a motion seeking the deposition, prosecutor Nicholas Gilbert said Garcia, an “indisputably essential witness,” is avoiding testifying and has flouted a court order.
An agent for the Attorney General’s Office, which is prosecuting the murder case, said Tuesday that he arrived at Garcia’s home earlier in the day planning to take her to the court hearing, but she didn’t answer. He said he later saw Garcia hop into another car and leave the home.
Gilbert said in a motion that agents reported Garcia is living in squalor, had track marks on both arms and appeared to weigh less than 100 pounds.
“Justice requires, for all parties, that we secure this witness’ testimony and memorialize it,” Gilbert said in court. “If the worst happens…and we are unable to locate her, she’s gone, or even worse than that, she succumbs to her addiction, justice requires that.”
Lymon’s attorney, Heather LeBlanc said the deposition was unnecessary because the state was able to keep tabs on Garcia, and had been able to find her just hours before the hearing. She said Garcia’s drug use and apparent weight loss doesn’t mean that she wouldn’t show up to testify.
Second Judicial District Judge Briana Zamora agreed to issue a warrant that will allow officers to take Garcia into custody for up to five days, during which time a deposition can take place. Zamora pointed out that she was not yet rendering an opinion as to whether the sworn testimony would be admissible at Lymon’s trial, which is set for March 2018.
According to Bureau of Prisons online records, Lymon who is charged with first-degree murder and lesser crimes is currently housed in a high-security federal prison in Colorado. He did not attend Tuesday’s hearing.