ALBUQUERQUE, N.M. (KRQE) – The man charged with murdering Albuquerque Police Officer Daniel Webster is asking that his first-degree murder charge be dropped.
Attorneys for Davon Lymon have filed a motion arguing that the state has no proof that the act was willful, deliberate and premeditated.
Lymon is accused of shooting Officer Webster during a traffic stop in October 2015.
He has already been convicted in federal court of having the gun used to kill Officer Webster that day, but he is still awaiting trial in district court for the actual murder.
In their recent motion, Lymon’s attorney claims the evidence gathered from the 132 witness interviews show no evidence of first-degree murder.
In this case, prosecutors did not include second-degree murder as an option. That does not require the crime to be premeditated or planned, just intentional.
Lymon is scheduled to go on trial in March.
The New Mexico Attorney’s General Office issued the following statement in response:
“The request has no merit, and we look forward to bringing justice for the widow and her family.” – James Hallinan, Communications Director