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Stark County grand jury declines to indict Canton police officer Garrett Marino in deadly 2023 shooting of Zachary Fornash

The case dates back to Dec. 5, 2023, when the shooting happened just after 10 p.m. in the 900 block of Alan Page Drive SE.

CANTON, Ohio — A grand jury in Stark County has decided not to indict Canton police officer Garrett Marino on any criminal charges connected to the deadly shooting of 24-year-old Zachary Fornash, which happened late last year.

The Stark County Prosecutor’s Office confirmed the grand jury’s decision Friday morning, saying it was reached after testimony and deliberation.

CASE DETAILS

The case dates back to Dec. 5, 2023, when the shooting happened just after 10 p.m. in the 900 block of Alan Page Drive SE.

The Canton Police Department said officer Marino had been flagged down by citizens reporting that somebody had “brandished a gun during an argument.” That weapon was later determined to be a pellet gun, according to Canton police.

Body camera video was released shortly after the shooting that shows officer Marino shouting at Fornash to get on the ground and show his hands.

Fornash, of Minerva, was taken to the hospital where he later died.

At the time, officer Marino -- who was described as an eight-year veteran with the Canton Police Department -- was placed on administrative leave amid the investigation, which is departmental policy.

Canton Police Chief John Gabbard released the following statement after the shooting:

“I welcome the independent review of this incident and have confidence in the ability of the Ohio Bureau of Criminal Investigation (BCI) to thoroughly and objectively investigate. All loss of life is tragic for our community, regardless of the circumstances, and my prayers are with the family of Mr. Fornash, Officer Marino, and all of those affected. My respect for the independence of the investigation limits my ability to comment further.”

REACTION FROM FORNASH FAMILY

DiCello Levitt, the law firm representing the family of Zachary Fornash, released the following statement on Friday afternoon:

"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."

3News also spoke with Fornash's mother, Cassandra White, who accused the Canton Police Department of "bullying their citizens" amid a number of high-profile use-of-force incidents. She also caller Zachary "a wonderful father, brother, son."

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