Trial for man accused in cop’s death likely delayed until 2019
New attorneys for Davon Lymon requested more time
Now that two high-profile defense lawyers have been assigned to his case, Davon Lymon’s trial in the death of Albuquerque police officer Daniel Webster will likely be pushed back until March 2019.
Lymon’s public defenders were removed from his case in February over a conflict of interest, and attorneys Gary Mitchell and Tom Clark have since taken it over.
Mitchell and Clark on Monday asked 2nd Judicial District Judge Briana Zamora for a delay both because they each are balancing “heavy first-degree murder caseloads” and in order to allow them time to prepare for trial.
“New counsel, pursuant to order of the court not allowing transfer of previous defense counsel’s files and seeking to avoid any conflicts that would have them disqualified, must start from scratch in their investigation of the case and the charges brought against Mr. Lymon,” Mitchell wrote in a motion.
During a hearing Monday, Zamora reviewed Clark and Mitchell’s schedules over the next several months and determined that the earliest available date for the murder trial is in late March. Lymon will also go to trial in December on forgery and firearm charges that have been separated from the rest of his case.
Prosecutors with the Attorney General’s Office argued that the attorneys’ busy schedules were not sufficient reason for such a delay and asked the court to set the trial as quickly as possible.
According to police, Lymon shot and killed Webster during a traffic stop in October 2015. Lymon’s original attorneys have asked the state Supreme Court to review Zamora’s decision to remove them from his case. That request is pending.