Davon Lymon Pleads Guilty to Charges in One of Two Pending Federal Cases

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division announced that Davon Lymon, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court to heroin trafficking and firearms charges.  Lymon entered the guilty plea without the benefit of a plea agreement to resolve the charges in one of the two federal cases pending against him. 

During this morning’s proceedings, Lymon pled guilty to a three-count superseding indictment charging him with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County, N.M. (heroin trafficking case).  In Oct. 2015, Lymon was prohibited from possessing firearms because he previously had been convicted of several felony offenses including voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery. 

At his sentencing hearing in the heroin trafficking case, which has yet to be scheduled, Lymon faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges and ten years on the firearms charge.

In a separate federal case, Lymon is charged in a four-count indictment with three counts of being a felon in possession of a firearm and one count of unlawfully possessing a stolen firearm in Bernalillo County (firearms case).  Counts 1 and 2 charge Lymon with unlawfully possessing a firearm on May 27, 2015, and Count 4 charges him with unlawfully possessing a firearm and ammunition on Oct. 21, 2015.  Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015. 

According to court filings, the crime charged in Count 4 of the indictment in the firearms case arises out of a traffic stop by an officer of the Albuquerque Police Department (APD) in southeast Albuquerque on the evening of Oct. 21, 2015, during which Lymon allegedly fired six rounds at the APD officer as the officer attempted to handcuff Lymon.  Several rounds struck the APD officer, including one that struck the officer in the face near the chin; the officer died on Oct. 29, 2015, because of injuries sustained on Oct. 21, 2015. 

Lymon has entered a not guilty plea to the indictment in the firearms case.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.  If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment in the firearms case.  Trial on Count 4 of the indictment in the firearms case is tentatively set for Aug. 1, 2016.  A trial date on Counts 1 through 3 has yet to be set.

The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.  The firearms case was investigated by the Albuquerque office of ATF and APD, 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. 

Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley are prosecuting the two 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.  Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.