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Stark County Grand Jury Declines to Indict Canton Officer in 2023 Fatal Shooting of Zachary Fornash

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Published on September 28, 2024
Stark County Grand Jury Declines to Indict Canton Officer in 2023 Fatal Shooting of Zachary FornashSource: Canton Police Department

The Stark County grand jury has decided not to indict Canton Police Officer Garrett Marino in connection to the 2023 fatal shooting of 24-year-old Zachary Fornash. The Stark County Prosecutor’s Office confirmed this decision, noting that it came after thorough testimony and deliberation. During the incident, which took place on December 5, 2023, Marino was captured on body camera video demanding that Fornash get on the ground and show his hands before ultimately discharging his weapon, as reported by FOX8 News.

The lack of charges has since sparked an outcry amongst Fornash's family and the legal team representing them. Officer Marino shot and killed Fornash after a short foot chase, where Fornash was repeatedly told to "get on the ground or you are going to get shot," and was later found to be carrying what was identified as a BB gun. The tragic outcome of this encounter was one the Fornash family hoped would be met with justice. "I never want another mother to have to sit in this seat," Cassandra White, Zachary Fornash's mother, expressed in an interview with News 5 Cleveland.

White's attorney, Bobby DiCello, echoed the sentiment of a justice system that appears to repeatedly fail some of its citizens, stating, "This is not only just happening to her. This is happening to too many citizens of Northeast Ohio who are not getting justice," as obtained by News 5 Cleveland. Officer Marino had been put on administrative leave as part of departmental policy pending the case outcome. After the shooting, Canton Police Chief John Gabbard released a statement, showing his respect for the independent investigation and expressing empathy for all parties involved, which was detailed by WKYC.

Despite the grand jury's decision, DiCello Levitt, the law firm handling the Fornash case, has vowed to continue their pursuit for change and called for the city to discuss reforms within the police department. "Today we had to tell our clients that justice would not be served," they said, as highlighted by WKYC. Moreover, the firm emphasized the necessity of giving Cassandra White a voice in the system that she believes needs to urgently change to "make us safer." In the midst of sorrow and disappointment, White remains determined to ensure her son's memory is not reduced to the few final moments of his life, but instead, becomes a catalyst for change, as she told News 5 Cleveland, "When change comes, Zachary’s voice will be heard."