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.

“I never want another mother to have to sit in this seat with somebody next to them that has to fight their fight,” Cassandra White, Zachary Fornash’s mom, said.

With a heavy heart, White and her family's lawyer, Bobby DiCello, told News 5 on Friday that they were devastated by the outcome.

“It’s not the news we wanted to hear,” White said.

The pair said they hoped Canton Police Officer Garrett Marino would be indicted on criminal charges for the shooting death of Zachary Fornash in Dec. 2023.

Instead, a Stark County Grand Jury did not find enough evidence to support the charge, so the case will not proceed to trial.

“ This is not only just happening to her. This is happening to too many citizens of Northeast Ohio who are not getting justice,” DiCello said.

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.

“My son walked away. He didn’t threaten him. He didn’t harm him. Marino was never in any danger,” White said.

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.

As White comes to terms with this difficult decision, DiCello said they still want to hear from the city so White can be given a voice.

“This mom right here has a say and needs to have a say in how the system changes to make us safer,” DiCello said.

“I don’t want his memory being the guy who walked away from an officer, so with that it comes change. When change comes, Zachary’s voice will be heard,” White said.

Canton Police declined to comment beyond saying they will soon receive the Bureau of Criminal Investigation’s finding and will conduct an internal review.

In the meantime, Officer Marino is back to full duty.

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