Criminal Justice News

Saturday, April 29, 2017

Davon Lymon Sentenced to Eighteen Years for Conviction on Federal Heroin Trafficking and Firearms Charges



Lymon, who was Prosecuted under Federal “Worst of the Worst” Anti-Violence Initiative, Will Serve 18-Year Sentence Consecutive to 20-Year Sentence Imposed on April 5, 2017

ALBUQUERQUE – This morning, Chief U.S. District Judge M. Christina Armijo sentenced Davon Lymon, 36, of Albuquerque, N.M., for his conviction on federal heroin trafficking and firearms charges. Lymon was sentenced to 216 months (18 years) of imprisonment to be followed by three years of supervised release. The Chief Judge ordered that Lymon serve the 18-year prison sentence consecutive to the 20-year prison sentence previously imposed on April 5, 2017, on Lymon’s conviction on two felon in possession of firearms charges, for a total sentence of 38 years of imprisonment.

Lymon’s sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Agent in Charge Will R. Glaspy of the El Paso Division of the DEA, and Chief Gorden E. Eden Jr., of the Albuquerque Police Department (APD).

In announcing the sentence, Acting U.S. Attorney James D. Tierney said, “The U.S. Attorney’s Office prosecuted Davon Lymon on federal charges because as a community, we cannot and will not tolerate violence against law enforcement officers. The entire law enforcement community – federal, state, county, local and tribal – is committed to working collaboratively to thoroughly and completely investigate and prosecute those who seek to harm the courageous officers who put their lives on the line to protect us and safeguard our communities.”

“I wish to commend the investigative efforts of all our law enforcement partners involved in the federal prosecutions of Davon Lymon,” said Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “I also wish to recognize the determination of the federal prosecutors assigned to this case and the leadership of the U.S. Attorney’s Office.”

“Today’s sentencing closes the door on the federal prosecutions of Davon Lymon,” said Special Agent in Charge Will R. Glaspy of the El Paso Division of the DEA. “DEA and its law enforcement partners are committed to working together to ensure that drug traffickers who use firearms to facilitate their drug trafficking activities and to commit other crimes face the consequences of their criminal activities.”

“We are very grateful for the hard work of Assistant U.S. Attorneys Kimberly Brawley and Jacob Wishard of the U.S. Attorney’s office in the successful prosecution of Davon Lymon on federal charges,” said Chief Gorden E. Eden Jr., of the APD. “The federal convictions will ensure that Lymon remains behind bars until he can be prosecuted on his pending state charges.”

Lymon now stands convicted in two federal cases. The first indictment in the first case, filed on Nov. 27, 2015, charged Lymon with four counts of being a felon in possession of firearms and one count of possessing a stolen firearm (the firearms case). The indictment in the second case, filed on Dec. 2, 2015, charged Lymon with two heroin trafficking charges and a felon in possession of a firearm charge (the heroin trafficking case). At the time Lymon committed the crimes, he was prohibited from possessing firearms because of his prior felony convictions for voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery.

Lymon was convicted on two of the four charges in the firearms case. Chief U.S. District Judge Armijo found Lymon guilty on Count 4 of the four-count indictment on Oct. 28, 2016, following a bench trial on that charge alone. Count 4 charged Lymon with being a felon in possession of a firearm and ammunition on Oct. 21, 2015, the day on which he allegedly shot Albuquerque Police Officer Daniel Webster. Officer Webster died on Oct. 29, 2015, due to injuries he allegedly sustained during the shooting, and Lymon has been charged with murdering Officer Webster in a separate state case. Lymon has entered a not guilty plea to the charges in the state case and is presumed innocent unless found guilty.

On Dec. 13, 2016, Lymon pled guilty to Count 2 of the indictment in the firearms case under a plea agreement with the U.S. Attorney’s Office, and admitted unlawfully possessing a firearm on May 27, 2016. As part of the plea agreement, the U.S. Attorney’s Office agreed to dismiss Count 1, charging Lymon with being a felon in possession of a firearm on May 27, 2015, and Count 3, of the indictment, charging Lymon with possessing a stolen firearm in May 2015.

The indictment in the second federal case charged Lymon with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015. Lymon pled guilty to the three charges in the heroin trafficking case on May 9, 2016, without the benefit of a plea agreement.

The Albuquerque office of ATF and APD investigated the firearms case, 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. The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.

.Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley prosecuted the two federal cases against Lymon 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 primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Odenton, Maryland Man Exiled to 8 Years in Prison for Firearms Trafficking Conspiracy



Baltimore, Maryland – On April 25, 2017, U.S. District Judge James K. Bredar sentenced Delray Jamare Randall, a/k/a "Black," age 35, of Odenton, Maryland to eight years in prison followed by two years of supervised release for engaging in the business of dealing in firearms and conspiracy.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Commissioner Kevin Davis of the Baltimore Police Department; Acting Chief, Major Scott Baker of the Annapolis Police Department; and Chief Tim Altomare of the Anne Arundel County Police Department.

"Experience shows us that illegally trafficked firearms are destined to wind up in the hands of criminals and be used in acts of violence that devastate our communities," said ATF Special Agent in Charge Daniel L. Board. "ATF is the federal agency responsible for supporting and regulating the legal flow of firearms through commerce, but when we become aware of individuals who seek to illegally introduce firearms into our neighborhoods, which may eventually be used to perpetrate violence… make no mistake, we will take action."

During his guilty plea, Randall admitted that from late 2014 and up to December 12, 2015, Randall and another person engaged in the business of dealing in firearms without a license, and that each participated in and assisted the other’s firearms activities. Randall also admitted that he agreed and conspired with other persons to engage in the business of dealing in firearms without a license.

In the days leading up to December 12, 2015, an undercover informant, acting on instruction from federal investigators, maintained communication with Randall. The informant communicated to Randall that he had firearms for sale and would be in the Baltimore area on December 12, 2015. Randall expressed an interest in meeting with the informant and made statements (in both text message format and during recorded phone voice calls) that Randall was lining up other persons who were either going to purchase firearms from Randall or whom Randall would introduce to the informant for the purpose of engaging in firearms purchases. Randall stated that he was lining people up for such transactions and inquired with the informant about the availability and price of firearms.

On December 12, 2015, Randall came to a hotel and met with the informant. Unknown to Randall, the room in which Randall and the informant met was under law enforcement surveillance, and Randall’s interactions and conversations were video and audio-recorded. During the meeting, Randall examined various firearms and purchased and made a down payment for four firearms. Randall was immediately arrested before he left the room.

While he was in the hotel room, Randall took photographs of the firearms with his cell phone, and sent photographs of those firearms to his customers. Randall engaged in text communications with his own customers in which he discussed possible prices for which the customers could purchase the firearms. Randall knowingly possessed the aforementioned firearms.

United States Attorney Rod J. Rosenstein commended the ATF and HSI Baltimore for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Michael Hanlon and Philip Selden, who prosecuted the case.

ATF, Firearms Industry Offer Reward in Ripley Firearms Theft



RIPLEY, W.Va. — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the National Shooting Sports Foundation (NSSF) – the trade association for the firearms industry – have announced a reward for information leading to the arrest and conviction of those responsible for the theft of firearms from J’s Pawn Shop, a federal firearms licensee.

ATF is offering a reward of up to $1,000, which will be matched by the NSSF for a total possible reward of up to $2,000.

On April 6, 2017, unknown persons burglarized J’s Pawn Shop, located in Ripley, and stole an undetermined number of firearms.  The individuals forcibly gained entry into the store.   

Anyone with information about this crime should contact ATF at 1-800-ATF-GUNS (800-283-4867), email ATFTips@atf.gov (link sends e-mail), contact ATF through its website at www.atf.gov/contact/atftips, or texted to 63975 using the code ATFLOU. Tips can also be submitted by using the Reportit® app, available from both Google Play and the Apple App Store, or by visiting www.reportit.com (link is external). All tips will be kept confidential.

The reward is part of a larger national cooperative initiative between the NSSF and ATF in which NSSF matches ATF reward in cases involving the theft of firearms from federally licensed firearms retailers.  ATF works closely with members of the firearms industry to curb the criminal acquisition and misuse of firearms.