- Associated Press - Friday, January 29, 2016

ALBUQUERQUE, N.M. (AP) - An ex-convict suspected of fatally shooting an Albuquerque police officer in October allegedly sold heroin and a .22-caliber revolver to undercover law enforcement officers in the weeks before the fatal shooting, according to court documents.

Attorneys for Davon Lymon filed a motion Friday seeking to have some evidence related to the shooting death of Officer Daniel Webster excluded in a federal firearms case against their client.

The documents revealed new details behind two felony counts brought against Lymon last month. Specifically, that a count to distribute heroin and a count of being a felon in possession of a firearm stemmed from allegations that Lymon sold the drugs to an undercover federal agent in early September, and sold a weapon and drugs to an agent on Oct. 2.

The federal charges against Lymon were announced in early December, but the indictment did not disclose that the charges were the result of an undercover investigation in which agents allegedly purchased the evidence from Lymon.

Lymon shot Webster on Oct. 21 during a traffic stop outside a pharmacy, and then fled, police said. Lymon was reportedly found hours later with a handcuff on one of his wrists.

Webster, who police say was attempting to arrest Lymon, died eight days later from his injuries.

His death and Lymon’s criminal history have been cited repeatedly in a push this year by GOP state lawmakers for stricter sentencing laws and to include police officers as a protected class under New Mexico’s hate crimes statute.

Online court records show Lymon pleaded guilty to voluntary manslaughter in 2002.

A spokeswoman for the U.S. Attorney’s office said the investigation leading to the heroin indictment against Lymon was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, but declined in a statement to comment further.

Lymon also faces federal gun charges in connection with the weapon used in Webster’s death and from a separate incident in May, in which an acquaintance said Lymon borrowed a gun and refused to return it.

Federal authorities brought charges against Lymon after Webster was shot.

Lymon hasn’t been charged with Webster’s death in state court, but remains under investigation in the shooting, his lawyers said.


This story corrects a previous version to reflect that charges show the suspect allegedly sold drugs and a firearm to undercover federal agents, not police officers.

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