The Canton Police Department has finished its internal review of the officer who killed Zachary Fornash in December 2023 and found that the shooting was "within policy."
Fornash was killed by Officer Garret Marino on Dec. 5, 2023, when police responded to the 900 block of Alan Page Drive SE for a man who brandished a firearm during an argument.
Marino 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 Chief John Gabbard said the following regarding the internal review:
“Any loss of life is tragic, and this instance is no exception. I appreciate the independent investigation by the Ohio Bureau of Criminal Investigation (BCI), and the board’s very thorough review. I agree with the board’s recommendation and find that Officer Marino’s actions were reasonable and within policy. My prayers continue to be with the family of Mr. Fornash, Officer Marino, and all of those affected.”
After the shooting happened, we spoke to a use-of-force expert who reviewed the body camera footage and told us that the shooting appeared to have been justified.
RELATED: Canton body camera footage shows man with pellet gun fatally shot by police
In September, the case was sent to the prosecutor's office to be presented to a grand jury to consider charges. The grand jury issued a no-bill, declining to charge Marino.
RELATED: Grand jury declines to indict Canton police officer for fatal 2023 shooting
Per departmental policy, Marino was placed on administrative leave while his case was adjudicated. He returned to full duty after the grand jury declined to charge him.
Bobby Dicello of the Dicello Levitt law firm, which is representing Fornash's family, issued the following statement regarding Canton's internal review conclusion:
“The City’s recent, self-serving announcement that Zachary's shooting was within policy has reopened deep wounds for his family. This decision forces them to relive Zachary’s tragic death, which they still believe was the result of excessive force. His death was unjust then, and it remains unjust today. Zachary did not deserve what happened to him.”
