APD officers were preparing to transfer Lymon into federal custody after a DNA swab was taken from him when, according to federal prosecutors, Lymon told the officers: “If you see that person or that cop’s family, tell them I’m so sorry, please. I honestly don’t remember what the f*** happened, I don’t remember. I hope he makes it.”
Webster was in the hospital as a result of his wounds and died a few days after Lymon is alleged to have made the apology.
In federal court documents, prosecutors argue that a jury should be able to hear about what Lymon said because Lymon volunteered the comment.
“Defendant was not interrogated, but rather through his own initiative offered an apology of sorts to Officer Webster’s family” for his actions on October 21, 2015, prosecutors argued.
Lymon continued to chat with officers about a film, according to prosecutors, and then trailed off and stated: “My uncle’s a f***ing lawyer: I’m through.”
“Meaning in this context that Defendant understood he had serious legal problems as a result of his current predicament,” prosecutors said.
Lymon’s attorneys, Kari Converse and Marc Robert, haven’t had time to file legal arguments against allowing the two officers to testify about Lymon’s remarks.
Lymon has not been charged with Webster’s killing in state court.
He is scheduled to go to trial in the first week of August in Las Cruces before Chief U.S. District Judge M. Christina Armijo on charges of being a felon in possession of a firearm – a pistol used in Webster’s shooting – among other crimes.
Webster was shot during a traffic stop on East Central the evening of Oct. 21.
Webster was attempting to handcuff Lymon for driving a motorcycle with a stolen license plate when Lymon allegedly fired six rounds, striking Webster several times. He died eight days later of injuries suffered in that stop.
Lymon faces 10 years for each of the four counts in the indictment, but he is going to trial only on the charge of possessing the pistol connected to the Webster shooting. A separate trial on the three remaining counts has not been scheduled.
In May, Lymon pleaded guilty to a separate three-count superseding indictment charging him with distributing heroin on Sept. 11, 2015, and Oct. 2, 2015, to federal undercover agents, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County.
At that time, Lymon was prohibited from possessing firearms, because he had previously been convicted of several felony offenses, including voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud and forgery.
Lymon faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges and 10 years on the firearms charge.
That plea resolved one of the two federal cases pending against Lymon, but he has not been sentenced in that case.