Canton police internal review clears officer Garrett Marino in deadly 2023 shooting of Zachary Fornash

A Stark County grand jury previously declined to indict Marino for the Dec. 5, 2023 shooting.

In Canton, Ohio, an internal review board concluded that Canton police officer Garrett Marino did not breach the department’s use of force policy when he fatally shot 24-year-old Zachary Fornash more than a year ago.

Following a decision by a Stark County grand jury in September not to press criminal charges against Marino for the December 5, 2023 incident, the Ohio Bureau of Criminal Investigation conducted an independent review. The findings were presented to the Stark County Prosecutor’s Office in June.

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

Chief John Gabbard of the Canton police authorized the establishment of a use of force review board in October, with the review being completed by November 26.

“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,” said Gabbard in a statement. 

CASE HISTORY

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 Marino shouting at Fornash to get on the ground and show his hands.

“Encountering Mr. Fornash, Officer Marino gave multiple loud, clear warnings and directives which were not followed. Unfortunately, the encounter resulted in the use of deadly force,” Canton police noted in its release. 

RELATED: Bodycam video shows moment Canton police officer shot suspect accused of brandishing pellet gun

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.

Zachary Fornash’s family is represented by the DiCello Levitt law firm. 3News has reached out to them for a reaction to the internal review. 

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