Court affirms convictions in Albuquerque policeman’s death

May 28, 2021 GMT

SANTA FE, N.M. (AP) — The New Mexico Supreme Court has affirmed the convictions of a man in the fatal shooting of an Albuquerque police officer in 2015.

In a unanimous opinion Thursday, the state’s high court rejected Davon Lymon’s arguments on appeal challenging his convictions of first-degree murder, evidence tampering, forgery, receiving or transferring a stolen vehicle, and resisting, evading or obstructing an officer.

In 2019, Lymon was sentenced to life in prison without possibility of parole for the murder plus 11½ years for the other charges.

The sentence in the state case is to be served after Lymon finishes a 38-year sentence imposed in a separate federal prosecution on charges of being a felon in possession of a firearm.

Police officer Daniel Webster was shot as he tried to handcuff Lymon, who was stopped while driving a motorcycle that police dispatchers reported was stolen.


In his appeal, Lymon argued that the trial court judge improperly asked the jury to clarify its preliminary verdict forms concerning the first-degree murder charge, wrongly denied a request for a new trial based upon possible juror misconduct and should have instructed the jury about self-defense.