He’s not denying he’s the man who pulled the trigger, killing Albuquerque Police Officer Daniel Webster more than three years ago. However, Davon Lymon says it was all in self-defense.
“Officer Webster was killed for doing his job,” prosecutor Ken Stalter said.
There was a stark difference between prosecutors and the defense as the two described what they say happened the night Davon Lymon was pulled over in a Walgreens parking lot at Central and Eubank in October 2015.
“From the very beginning, I want to tell you this is a case of self-defense,” defense attorney Tom Clark said.
The ex-convict was riding a motorcycle that police believed was stolen. APD Officer Daniel Webster initially drew his gun but holstered it once Lymon and a passenger put their hands up.
Police say Lymon then pulled out a gun and shot the 9-year APD veteran four times. Three and a half years later, he’s in district court facing a murder charge.
Wednesday, the jury was shown Webster’s body camera video of the shooting.
Lymon: “No this arm won’t reach back there, sir.”
Officer Webster: “Well, you better figure it out.”
Lymon: “I can’t.”
Officer Webster: “Because there’s about six other officers coming to put you on the ground.”
“Mr. Lymon hears, he has a helmet on, ‘There are six guys coming to put you in the ground.’ At that point in time, Davon Lymon knows his life is in danger,” defense attorney Tom Clark said.
Prosecutors argued Lymon was going to do anything to get out of going to jail that night, and that even after he had fired five shots and Webster was hit, he fired one last shot while running away.
“Officer Webster next to his car…the defendant gets a clear line of sight back to Officer Webster…BANG,” prosecutor Ken Stalter said.
The first person to testify and one of the first on scene the night of the shooting was APD Detective Katherine Wright. The defense questioned her about whether Webster followed protocol that night.
“On a high-risk stop, if somebody’s within a minute or two, you certainly want to, if you can, wait and get assistance before you move in…Isn’t that a fair statement?” defense attorney Gary Mitchell asked.
“If you can,” Det. Wright answered.
Although, prosecutors maintain Webster did nothing but his job.
“Did you see anything in the officer’s conduct inconsistent with your own training?” prosecutor Ken Stalter asked.
“No,” Det. Wright answered.
Lymon, who is 38, will already be in prison for at least the next 36 years on federal charges for being a felon with a firearm—the same gun that killed Officer Webster.
If convicted in this case, he faces life without parole.
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