Aymon Fatho death: Harley Guerra in court after man found with gunshot in luxury car


A young man accused of leaving his mate to die after he was shot during a car chase in Melbourne has stormed out of court.

Harley Guerra, 21, briefly appeared in the Dandenong Magistrates’ Court on Friday, facing charges including conduct endangering life, conduct endangering serious injury and dangerous driving.

He paced around a holding cell for two minutes before leaving the room, but the case continued in his absence.

His lawyer Patrick Allen asked the court to ensure he received medical attention for his mental health and drug withdrawal.

“He would be in a vulnerable mental state,” he said.

Police will allege he was the driver of a stolen black BMW sedan in which Aymon Fatho, 31, was located on Sunday in Taylors Hill about 11.40pm.

Mr Fatho had allegedly been shot in the chest while in the passenger seat and, despite efforts from paramedics, died at the scene 30 minutes later.

According to documents released by the court, police will allege an altercation broke out in the carpark of the West Waters Hotel in Caroline Springs between Mr Fatho and two men.

The men allegedly fled in a white Mitsubishi Lancer shortly after 11.15pm, with Mr Fatho and Mr Guerra in pursuit.

Detectives allege the men, whose names haven’t been released, attempted to lose the BMW over about 15 minutes.

In the documents, one of the men allegedly told police their car had been rammed “on at least three occasions” and they believed they were being shot at.

They were “petrified and fearing for their lives”, the police summary reads.

The Mitsubishi came to a stop after crashing into concrete bollards with the BMW close behind, police will allege.

One of the men allegedly retrieved a sawn-off shotgun from the rear passenger seat and fired the gun into the front windscreen of the BMW.

Both occupants then allegedly fled the scene.

Police will allege Mr Guerra reversed the car about 750m before calling emergency services and knocked on a neighbouring house before running from the scene.

Earlier the same day, 28 vehicles were allegedly stolen from a repair shop in Mulgrave between 4am and 7am.

The BMW was allegedly one of the vehicles taken, but Mr Guerra has not been charged with any offences related to this.

Previously, investigators have said they were confident this was not a random attack and the parties involved are known to each other.

Earlier this week, Victoria Police announced a 42-year-old Caroline Springs man, believed to be the shooter, had handed himself in on Tuesday.

He was released pending further inquiries, a spokeswoman said.

Another man, police believe to be involved in the alleged incident, was spoken to on Thursday.

Previously, investigators have said they were confident this was not a random attack and the parties involved are known to each other.

The spokeswoman said the investigation remains ongoing and anyone with information should contact Crime Stoppers.

Crime Stoppers can be reached on 1800 333 000 or online at www.crimestoppersvic.com.au

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