The man accused of killing Albuquerque Police officer Daniel Webster, suspect Davon Lymon, pleaded to two of the charges tied to the murder case, but a court house paperwork error has now changed the outcome of part of that plea.
In Bernalillo County District Court Wednesday morning, Davon Lymon pleaded no contest to a one count of forgery and one count of felon in possession of a firearm.
Lymon is charged in the October 2015 shooting death of Albuquerque Police Officer Daniel Webster after Webster had stopped Lymon, who was on a motorbike with a suspected stolen plate.
But by the end of business Wednesday, KRQE News 13 learned that the judge overseeing the case reneged on Lymon’s no contest plea to the forgery charge, striking the plea from the record.
That forgery charge will now go to trial in late March as a part of the murder case against Lymon.
The late-Wednesday forgery plea rejection came after Judge Briana Zamora, prosecutors and defense attorneys discovered that Zamora ruled back in September 2018 that the forgery charge remain as a component of the murder trial.
According to paperwork obtained by KRQE News 13, despite the September 2018 ruling on the forgery charge, computerized court records were never changed or updated.
As the judge, prosecutors and defense attorneys met for Wednesday’s “no contest” plea hearing, no single party raised Zamora’s September ruling, all appearing to have forgotten about the judge’s ruling on the forgery charge.
The forgery and felon in possession of a firearm charges were originally set to go to a separate trial in December 2019 after Judge Briana Zamora decided in April 2018 to “sever” or separate the two charges from the pending murder trial, placing the two gun-related charges into a case all their own.
That “extra” trial is something Lymon’s defense didn’t want.
“Well, we pled no contest in this case because frankly, we were not going to contest that evidence and we never were going to contest it,” said Gary Mitchell, defense attorney for Davon Lymon.
The prosecution tried to fight Lymon’s no contest plea Wednesday, but the Judge Zamora ruled otherwise.
Judge Zamora didn’t sentence Lymon on the felon in possession of a firearm charge Wednesday, saying sentencing will happen after the murder trial.
The one charge Lymon plead to, felon in possession of a firearm, carries a maximum of a year and a half in state prison, but Lymon could be credited for “time served” for the charge.
Lymon, who’s almost 38-years-old, still has more than three decades left on a federal prison sentence for gun charges.