A Canton police officer who fatally shot Zachary Fornash outside an apartment complex last year acted within department policy and will not face disciplinary action, the Canton Police Department announced Thursday.
The internal review concluded Officer Garrett Marino’s use of force during the Dec. 5, 2023, incident was justified. The review followed a Stark County grand jury’s decision this fall not to indict Marino on criminal charges, effectively clearing him of legal wrongdoing.
“Any loss of life is tragic, and this instance is no exception,” Police Chief John Gabbard said in a prepared statement. “I appreciate the independent investigation conducted by the Ohio Bureau of Criminal Investigation and the board’s thorough review.”
The confrontation occurred at the Skyline Terrace apartment complex on Alan Page Drive SE, where Marino was working an extra-duty security shift. According to police, Fornash, who had a Minerva address at the time of his death, had brandished a pellet gun during an earlier argument with others at the complex. Those involved flagged down Marino, who then approached Fornash.
Body camera footage shows Marino pursuing Fornash, repeatedly instructing him to stop, get on the ground, or place his hands on his head. Fornash initially walked away, then abruptly turned back toward Marino, prompting the officer to fire multiple shots. Fornash was later found to be holding a realistic-looking pellet gun.
In his statement to investigators with the Ohio Bureau of Criminal Investigation, Marino said he believed Fornash was armed with a lethal weapon and feared for his safety when he fired.
The internal review found Marino’s actions reasonable under the circumstances. The seven-page report concluded that Marino gave “many warnings” and made efforts to deescalate the situation before resorting to deadly force. While the weapon Fornash carried was ultimately determined to be non-lethal, the review found it posed an immediate threat due to its realistic appearance.
“I agree with the board’s recommendation and find that Officer Marino’s actions were reasonable and within policy,” Gabbard said. “My prayers continue to be with the family of Mr. Fornash, Officer Marino, and all of those affected.”
