ALBUQUERQUE, N.M. — The man accused of gunning down Albuquerque police officer Daniel Webster during a traffic stop has been indicted on a first-degree murder charges by a Bernalillo County grand jury.
Career criminal Davon Lymon, 35, already has been found guilty in federal court of being a felon in possession of the .40 caliber semi-automatic pistol used to kill Webster.
Webster pulled Lymon over because the license plate didn’t match the motorcycle he was driving. Webster was in the process of handcuffing Lymon when, according to testimony in federal court, Lymon pulled out a pistol and shot Webster multiple times.
The officer died in the hospital later that week, and Lymon was taken into custody the night of the shooting after he was found hiding in a nearby neighborhood.
The murder prosecution in state court is being handled by the Attorney General Office’s Special Prosecution Division.
The indictment also charges Lymon, who has a long criminal history, with shooting from a motor vehicle, possession of a firearm by a felon, receiving or possession of a stolen vehicle, two counts of tampering with evidence, forgery and evading a police officer.
A jury would be allowed to consider first-degree murder, second-degree murder with a firearm enhancement, or voluntary manslaughter.
“We must all work together to keep New Mexico families safe and I would like to thank the federal authorities for their assistance and cooperation regarding this complex jurisdictional matter,” Attorney General Hector Balderas said in a statement Friday.
A state criminal complaint outlining the state charges against Lymon was filed by Balderas’ office in November after a federal judge found him guilty at a bench trial of possessing the weapon used in Webster’s shooting.
Federal agents were working an undercover investigation of Lymon at the time he was charged with shooting Webster, and undercover agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives had purchased heroin and a pistol from him.
According to a witness who was riding on the back of the motorcycle Lymon was driving, they had been making drug deliveries when Webster stopped him in a Walgreen’s parking lot.
Lymon pleaded guilty in federal court without benefit of a plea agreement last May to charges of distributing heroin on Sept. 11, 2015, and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015.
At sentencing, which has not been scheduled, Lymon faces a statutory maximum penalty of 10 years in prison on each of the two firearms charges on which he has been convicted. He also faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges.