Grand jury declines to indict Canton police officer for fatal 2023 shooting

A Stark County grand jury issued a no-bill Thursday for Canton Police Officer Garrett Marino, declining to charge him for the shooting death of a man found to be carrying an air gun.

The shooting happened on Dec. 5, 2023, and resulted in the death of Zachary Fornash. Marino had responded to the 900 block of Alan Page Drive SE after residents flagged him down about a man who brandished a gun during an argument.

The officer then confronted Fornash and ordered him to get on the ground. Fornash ignored the officer's commands and walked away. After Marino warned him multiple times to get on the ground and put his hands on his head, the man turned toward the officer and was shot.

As he lay there on the ground, Fornash told Marino the weapon he had was a BB gun.

Canton Police Department

News 5 Investigator Sarah Buduson talked to a criminal justice professor from Baldwin Wallace after the shooting, who reviewed body camera footage of the event. The professor told us that it was likely that an investigation would reveal that the shooting was legally justified.

Canton body camera footage shows man with pellet gun fatally shot by police

RELATED: Canton body camera footage shows man with pellet gun fatally shot by police

Per standard departmental protocol, Marino was placed on administrative leave while the case was presented to the court and adjudicated.

"After testimony and deliberation, the grand jury declined to indict officer Marino on any criminal charges," the Stark County Prosecutor's Office said.

We've reached out to the department to see if Marino is still on leave.

A statement from DiCello Levitt on behalf of the family of Zachary Fornash

"The grand jury’s decision today sends a devastating message to our clients and others in the community that their loved one could be walking away from a police officer and have their life taken at the hands of those sworn to protect and serve. Today we had to tell our clients that justice would not be served.

But our fight for justice for the Fornash family will continue. We have asked to sit down with the city to discuss meaningful change and they have not yet agreed to meet with us. So today, we again ask that the City of Canton come to the table with us and discuss the serious problems that plague their police department, and which leave the citizens of Canton afraid and underserved."

DiCello Levitt on behalf of the family of Zachary Fornash We Follow Through Want us to continue to follow through on a story? Let us know. First Name Last Name Email What story do you want us to follow through on? What questions do you have? Please include the headline and/or URL of the story you want us to follow through on. Provide any other information that may help us to follow through on the story Captcha