- Associated Press - Wednesday, April 10, 2019

ALBUQUERQUE, N.M. (AP) - A man accused of killing an Albuquerque police officer in 2015 testified Wednesday that he opened fire because he feared a gun was being held to the back of his head and that he was going to be shot.

Davon Lymon’s testimony marked his first comments in court about the shooting during a traffic stop that killed 47-year-old Officer Daniel Webster. Lymon is standing trial on murder and other charges filed in connection with Webster’s death.

Lymon, 38, already has been sentenced in federal court to four decades in prison after being convicted of firearms-related charges and other crimes.

The murder case in state court was expected to be sent to the jury for deliberations this week. But Lymon’s attorneys pressed the judge to call a mistrial because prosecutors asked the suspect about past statements to police that the defense argued seemed prejudicial.

The judge planned to make a ruling on the motion Thursday.

Prosecutors have argued that Lymon shot Webster because he was a felon in possession of a firearm who did not want to return to prison.

Lt. Ray Del Greco testified that Webster, a decorated officer and former Army Ranger, had followed police policies while conducting the traffic stop.

Webster stopped Lymon, who authorities said was riding a motorcycle with a stolen license plate.

Lymon testified that he panicked when Webster told him that other officers were on their way to put him “on the ground.”

Video from Webster’s lapel camera captured the traffic stop before the shooting. Lymon says he’s in pain, and Webster is cuffing one of his hands to the motorcycle before the gun goes off.

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