NM Supreme Court upholds Davon Lymon’s conviction in APD officer’s murder

Politics - Government

ALBUQUERQUE, N.M. (KRQE) – The state Supreme Court has upheld the convictions of Davon Lymon, the man who killed Albuquerque Police Officer Daniel Webster. Lymon is serving a life sentence for shooting Webster during a traffic stop in 2015 at Eubank and Central.

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According to a news release, Officer Webster was shot as he tried to handcuff Lymon, who was stopped while driving a motorcycle that was reported stolen. Webster drew his weapon as he exited his police car but holstered it before handcuffing Lymon’s left wrist and Lymon used his right hand to pull out a pistol and fired multiple shots, according to the news release.

Lymon claimed he feared for his life and shot Webster to protect himself. He filed an appeal on several grounds, including an argument saying the trial judge should have instructed the jury about self-defense.

Lymon also claimed the judge improperly denied a request for a new trial over possible jury misconduct. The Supreme Court ruled the judge acted correctly and affirmed the conviction.

“However, we conclude that the trial court did not abuse its discretion and did not coerce the jury when it issued the two notes to the jury,” the Court wrote in an opinion by Justice C. Shannon Bacon, according to a news release.

According to the same news release, it was “reasonable and necessary for Officer Webster to exit his vehicle with his weapon raised because stopping and approaching the motorcycle posed an immediate threat to his safety as a police officer,” the Court wrote. “Furthermore, the fact that APD considers drawing a weapon a use of force does not render such an action excessive force. Most importantly, Officer Webster deescalated the amount of force he used after the encounter because he holstered his weapon.”

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