Bureau of Alcohol, Tobacco, Firearms and Explosives

ALBUQUERQUE – Yesterday afternoon a federal grand jury filed a four-count indictment charging Albuquerque resident Davon Lymon, 34, with violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD). 

Counts 1 and 2 of the indictment 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.  Lymon was then prohibited from possessing firearms or ammunition because he previously has been convicted of felony offenses in two state court cases.  Lymon’s crimes of conviction include voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud and forgery.  Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015.  The indictment alleges that Lymon committed the four crimes in Bernalillo County, N.M.

According to court filings, the crime charged in Count 4 of the indictment arises out of a traffic stop by an APD officer 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, as a result of injuries sustained on Oct. 21, 2015.

Lymon was arrested on Oct. 26, 2015, on a federal complaint charging him with being a felon in possession of a firearm.  He remains in federal custody pending his trial date, which has yet to be scheduled.  A hearing for Lymon’s arraignment on the indictment has yet to be scheduled.

If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment.  Charges in indictments are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This 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. Attorney Jacob A. Wishard is prosecuting the case 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 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 rates, on a per capita basis, are amongst 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, under this initiative.

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