A deadly case of road rage in an Avondale parking lot led to the arrest of a cab driver and his passenger -- but police say they will not be seeking charges against the cab's passenger in the death of another man.
The story of a beloved grandfather beaten to death in front of his wife and grandchild this weekend shocked every one.
45-year-old Gary Mayo, the cab driver, and his passenger, 47-year-old Shawn King, remained behind bars in the beating death of Jim Fournier on Wednesday.
Police said King was released from jail at 4:30 a.m. Thursday.
Avondale police say after examining the evidence, they won't be seeking charges against the cab's passenger at this point in time.
"He may not have had the direct involvement as originally stated," says Det. Ruben Gonzales.
Gonzales says they could rearrest King if evidence indicates he did take part in the beating that led to 57-year-old James Fournier's death.
Fournier's daughter is baffled as to how a honk of a horn, meant to alert the cab driver he was about to hit them as he drove through a parking lot, escalated into the beating death of her father.
We looked into Mayo's background and discovered two previous arrests for aggravated assault -- one in 1990, the other in 1993.
A corporate attorney for Mayo's employer, Triple AAA Yellow Cab, said the company does background checks every three months on their cab drivers looking for problems, and that the company is cooperating with the police in the investigation.
King insisted he was just a passenger. He told the judge in his initial appearance he is terminally ill and bed-ridden. But King also has a checkered criminal past.
Meantime the Fournier family is planning for a memorial service sometime this weekend.
Fournier Grandchildren Education Fund: Arizona Federal Credit Union, Acct # 819053
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