On his 25th birthday, family of Canton man killed by police reaffirm their fight for justice

MASSILLON – Armed with a blue Sharpie, Elijah Fornash scribbled his name onto a white balloon. He added a few spiderwebs.

"I'm sending Spidey (Man) to daddy," the 3-year-old said with a smile. His sister, 6-year-old Avah, drew a picture of her dad on her balloon. Next to him was a red heart.

The toddler and his sister were joined by the family of their father, Zachary Fornash, to mark his 25th birthday − the first without him.

Fornash was shot and killed by a Canton police officer in December of 2023.

Fornash's mother, Cassandra White, told family members who had gathered at her Massillon home Saturday that she continues to fight for her son and that his voice will be heard.

They released white balloons that read: "In loving memory. Forever remembered. Forever missed. Forever in our hearts." They also included their messages to Fornash. His mother, father and wife released three dove-shaped balloons. As they released the balloons, they yelled "happy birthday."

Afterward, they shared a SpongeBob-themed cake that referenced a joke from the show about being 25. Bella Fornash, his youngest sister, said she had laughed over the joke with her brother, and he decided he wanted it to be the theme of his 25th birthday.

What happened to Zachary Fornash?

On Dec. 5, 2023, Canton police officer Garrett Marino was investigating a report at Skyland Terrace Apartments that a man had shown a gun in an argument, police said. While driving his police cruiser, Marino spotted Fornash standing or walking by an apartment building. Fornash's apartment was nearby across Alan Page Drive SE.

According to his body camera footage later released by police , Marino quickly exited his vehicle with his weapon drawn. He claimed Fornash had a gun and screamed repeatedly at Fornash to get onto the ground and put his hands onto his head or he would be shot.

Fornash kept walking away from the officer with his hands at his sides or in his pocket. When Fornash turned his body toward the left, Marino shot him multiple times. Fornash later died at Aultman Hospital. Fornash had a pellet gun or BB gun, not a real gun .

The Ohio Bureau of Criminal Investigation completed and turned its review of the shooting over to the Stark County Prosecutor's Office in June. A spokesperson from the prosecutor's office said the case has not been brought to the grand jury.

After Fornash was laid to rest, his family pleaded to talk to Canton city leaders to discuss meaningful change in the Canton Police Department. They want their loss to lead to changes.

Nearly six months after her son's death, White is growing impatient.

She said she knows Marino likely will not face the consequences of his actions, but she's hopeful.

"There is a 99% chance this is not going to go our way. Ohio is an immunity state and police are protected," White said. "I want him to face his family and admit he did something wrong. No apology is going to make up for what he did."

Fornash's younger sister, Bella Fornash, is upset that Marino has yet to face consequences.

"He is a police officer. He was supposed to serve and protect. You shot a man who was walking away from you. You didn't serve or protect," the 17-year-old said.

The family said no one has taken them up on the offer to talk. When Canton Mayor William V. Sherer II took office in January weeks after Fornash was killed, White emailed him seeking a sit-down. He declined, saying he was advised not to since the family had retained legal counsel, White said.

White is hopeful she'll get a chance to talk to city leaders and persuade them to change the police department policy and procedures.

She hopes she can prevent another mother from having to live through the loss of a child at the hands of the police.

"It's cruel," White said. "I don't want another mother to have to celebrate a birthday without their child."

Fornash, the father of three, wanted to be a good dad, and he didn't feel safe living in the area where he was shot, White said. She can only speculate why he had a pellet gun with him that day − likely for protection. But she said he knew the laws and knew his rights.

"He wasn't just some thug from Canton," White explained. "He was a kind, loving, good-hearted person. He wanted to be a good father."

"He was the glue that kept us together," his sister added.

Reach Amy at 330-775-1135 or amy.knapp@indeonline.com.

This article originally appeared on The Independent: On his 25th birthday, family of Canton man killed by police reaffirm their fight for justice