United States Drug Enforcement Administration

ALBUQUERQUE, N.M. - U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry, ATF Phoenix Field Division, and Special Agent in Charge Will R. Glaspy, DEA El Paso Division announced today that a federal grand jury has returned a three-count indictment charging Albuquerque resident Davon Lymon, 34, with violating the narcotics trafficking and firearms laws.  An arraignment hearing on the indictment has yet to be scheduled.

The three-count indictment charges Lymon with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm in Bernalillo County on Oct. 2, (heroin trafficking indictment) in Bernalillo County, N.M.  At the time, Lymon was prohibited from possessing firearms because he previously has been convicted of felony offenses in two state court cases.  If convicted on the heroin trafficking counts, Lymon faces a statutory maximum penalty of 20 years in prison.  If convicted on the firearms count, he faces a statutory maximum penalty of 10 years in prison.

Lymon also is charged in a four-count indictment that was filed on Nov. 17, (firearms indictment).  That indictment charges Lymon with three counts of being a felon in possession of a firearm and ammunition and one count of unlawfully possessing a stolen firearm in Bernalillo County.  If convicted, Lymon faces a statutory maximum penalty of 10 years in federal prison on each of the four counts in the indictment.  Lymon has entered a not guilty plea to this indictment.

Charges in indictments are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.  The firearms case was investigated by the Albuquerque office of ATF and APD, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division. 

Assistant U.S. Attorneys Jacob A. Wishard and Elaine Y. Ramirez are prosecuting the two cases as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.