Man accused of shooting APD officer a repeat offender; court records show gaps in judicial system

The man accused of shooting Albuquerque Police Department Officer Daniel Webster at a Walgreens in southeast AlbuquerqueWednesday night is another classic case of a “boomerang thug” repeat offender walking New Mexico’s streets.

Davon Lymon, 34, was caught on video last December repeatedly punching a man in a fight at the Knockout’s Gentlemen’s Club in downtown Albuquerque that led to his arrest and that of two bouncers.

A criminal complaint for Lymon’s arrest in that incident, which occurred in the early-morning hours of Dec. 14, 2014, says the man was seen in videos being chased down by Lymon, who then “began to punch and knee the male who fell to the ground.”

The criminal complaint says Lymon continued to punch the man as he was on the ground, causing him to lose consciousness.

Lymon then walked away and yelled, “18th Street,” as he was “celebrating,” according to the criminal complaint.

The man beaten by Lymon remained unconscious – even when a bystander tried to pick him up.

Lymon’s beating of the man allegedly occurred after the man was already punched and kicked in the head several times by two bouncers at the club.

Weeks later, in January of this year, a grand jury indicted Lymon on kidnapping, two counts of aggravated battery and conspiracy charges related to the beating. All four were felony counts.

However, the case was nolle prosequied Feb. 26 by the district attorney’s office. It was refiled June 24, but the charges had been changed to two misdemeanor counts of aggravated battery without great bodily harm.

Also filed that day in Metropolitan Court were charges from a May 30 arrest for being a felon in possession of a firearm and embezzlement between $500 and $2,500–both felony charges. A criminal complaint says Lymon borrowed the gun from a friend “to practice shooting,” but never returned it to the friend after a spat between the two.

But Judge Stan Whitaker released Lymon on his own recognizance for the aggravated battery charges, which stemmed from the initial December 2014 arrest, on July 24. Judge Jaramillo again ordered that case dismissed without prejudice on Aug. 21, but requested the state “look at where [the] case should be refiled in Metropolitan Court,” according to court records.

The same case was again refiled Sept. 28; Lymon again faced two counts of misdemeanor aggravated battery without great bodily harm in front of Judge Alisa Hadfield.

Thursday, the day after Lymon allegedly shot Officer Webster, Bernalillo County Deputy District Attorney David Waymore entered another nolle prosequi in the case because Lymon was arrested on the new charges. A notice to the court said the case would be brought before a grand jury at a later date.

CONVICTED OF MANSLAUGHTER IN HIGH-PROFILE MURDER

He pleaded guilty to voluntary manslaughter, aggravated battery and conspiracy charges in 2002 after he was accused in the 2001 murder of 20-year-old Ronald Chanslor Jr., the grandson of the founder of Blake’s Lotaburger.

He was sentenced to 11.5 years with 390 days time served, giving him a little less than 10.5 years in prison.

“After sentencing in 2001, I had a heartsick feeling with the way our justice system is set up, that another family would have to go through this type of senseless tragedy. My heart is breaking for the officer’s family. Our justice system is so broken and unless we all step up and do something, we will continue to see these tragic acts of violence,” Dawn Parsons, the mother of Chanslor, said Thursday. “As a community we must all play a role and take the necessary actions to effect meaningful change. It can’t be the responsibility of a handful of people in our government or our police department. This is a concern that impacts us all. I pledge to pray for this family, our officers and our leaders and be available to help solve this problem.”

He pleaded guilty to fraud and forgery the year before in a Tierra Amarilla court.

In 2012, another case for robbery and conspiracy was dismissed without prejudice in Espanola court, but was never refiled.

Lymon now faces federal firearms charges for the shooting of Officer Webster. Other state charges are expected to be filed as well.

Editor’s Note: An earlier version of this story incorrectly stated one of Lymon’s cases was nolle prosequied Feb. 26 by Judge Cristina Jaramillo. The case was nolle prosequied by the Bernalillo County District Attorney’s Office.

This story originally appeared at KOB.com