ALBUQUERQUE — A man accused of fatally shooting an Albuquerque police officer is being mistreated in prison, according to his attorney.
Davon Lymon’s treatment at the Penitentiary of New Mexico’s Level 6 facility “can only be characterized as torture,” attorney Marc Robert wrote in court documents. He is asking for Lymon to be moved to a halfway house.
Lymon has been assaulted by corrections officers, given food he is allergic to and held in solitary confinement, according to Robert.
Lymon, 34, is being held without bond at New Mexico’s most secure prison while awaiting trial on four federal gun charges. He pleaded not guilty to the charges Tuesday.
“He’s in our most secure facility because of his potential to act in predatory ways and [also] be victimized,” said Jerry Roark, a spokesman for the state Department of Corrections. He said the department has a contract with the U.S. Marshals Service to hold its prisoners under some circumstances.
Officials say they are still building a case against Lymon for shooting Officer Daniel Webster in October, and he’s being held on the gun charges in the meantime.
Lymon shot Webster multiple times during a traffic stop, according to police. Webster was trying to handcuff Lymon, said witnesses, and the handcuff was still on the man’s wrist when he was taken into custody hours later.
Webster, a 47-year-old former Army Ranger, died in a hospital eight days later. He had gunshot wounds to his upper body and jaw.
Corrections officers at the prison have been abusing Lymon, according to Robert. He said Lymon has been thrown against a wall and to the floor by guards, who then stepped on the man’s wounded arm.
Prison staff members are not treating the injured arm, which a doctor has said needs to be put in a cast, and Lymon has lost the use of his hand, according to the attorney. Robert said they also are knowingly feeding Lymon food he is allergic to.
Roark, the Department of Corrections spokesman, said the prison has been treating Lymon fairly. He said he will investigate the allegations.
Lymon has been in and out of the court system for years and pleaded guilty to voluntary manslaughter more than a decade ago, authorities said.