As New Mexico Attorney General’s Office was expected to wrap up their case-in-chief Tuesday in the Davon Lymon murder trial, prosecutors are making a last-minute push with the judge to introduce new video evidence.
That video shows Lymon being stopped, then running from a different Albuquerque Police officer just one month before the fatal October 2015 shooting Lymon is now facing trial for.
As Lymon is expected to argue that he fatally shot Officer Daniel Webster in October 2015 in self-defense, prosecutors argue that the new and previously excluded video evidence is now relevant to the case.
“How the defendant is operating on September 19 (2015) does indicate how he deals with police officers,” prosecutor Jonathan Gardner argued Tuesday, referencing the video of Lymon prosecutors want to show to the jury.
The video at the center of the prosecution’s motion shows Lymon stopped by APD officer Byron “Trey” Economidy on the evening of September 19, 2015. Lymon was on a suspicious motor scooter when the officer stopped him and began recording video on his body camera.
In the video, Lymon can be seen complaining about chest pains as the police officer has Lymon’s hands on his head and is attempting to put handcuffs on him.
“My rib, my rib, I can’t breathe. Hold on, my rib. I’ve got asthma, sir. I can…can you let go real quick? Please, no I’m not gonna do nothing,” Lymon can be heard saying on the video recording.
As the officer tried to arrest Lymon, video shows Lymon running off. Police say Lymon even dropped a loaded magazine for a gun as he was running.
Lymon made similar comments about being in pain in the moments before he shot officer Daniel Webster a month later.
Prosecutors say Lymon was faking his pain so that he could try to escape custody. Prosecutors want to show the jury that Lymon killed officer Webster to stay out of jail, not in self-defense.
In November 2018, a different judge who was overseeing the case at the time ruled that the September 2015 lapel video that Lymon is featured in couldn’t be shown in court. Judge Briana Zamora ruled that the video was irrelevant and prejudicial.
However, as the defense now claims that Lymon shot officer Webster in self-defense, prosecutors argue that the scope of the case is different.
Defense attorneys for Lymon argued Tuesday against the state being allowed to show the video.
“In the stop with the previous officer, there was no gun drawn, there was no pointing the gun at Davon’s head,” defense attorney Tom Clark said Tuesday,
Judge Neil Candelaria said he’ll consider allowing the jury to see that video, but he hasn’t made a final ruling.
A ruling on the video is expected Wednesday morning.
Judge Neil Candelaria denied two other requests by state prosecutors Tuesday, including one request to show video of Lymon severely beating a man in front of a downtown strip club in December 2014. Lymon was charged but never tried in that case.
The judge also denied a request by the state to have one of Webster’s fellow officers testify as a character witness.
On the stand Tuesday, the state presented some of its last witnesses, including a forensic video expert who analyzed several pieces of video of the shooting.
APD Lieutenant Ray Del Greco also testified Wednesday as an expert witness in APD policy and use of force.
The state is now expected to wrap its case Wednesday, with the defense taking over after that. Lymon is expected to testify in his own defense.
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