More than a year after a Stark County grand jury chose not to indict Canton Police Officer Garrett Marino for the 2023 fatal shooting of Zachary Fornash, a federal wrongful death lawsuit has been filed seeking a jury trial and monetary damages for his death.
The lawsuit claims that Marino violated Fornash's "right to be free from the use of excessive force." The suit states that Marino didn't see a weapon on Fornash and wasn't threatened by him.
The lawsuit alleges that Marino didn't make an effort to de-escalate the situation and later constructed "an account of what happened during the shooting to escape accountability" for shooting Fornash.
The suit seeks a jury trial and a judgment of at least $1 million, as well as compensatory and consequential damages and punitive damages to be determined at trial. The lawsuit also aims to have the Canton Police Department "adopt an appropriate policy to prevent future instances of the type of misconduct" it alleges.
The shooting
Marino killed Fornash 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 that the weapon he had was a BB gun.
Body camera footage of the shooting showed the moments leading up to the shooting.
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In September 2024, the grand jury issued a no-bill, finding insufficient evidence to support criminal charges against the officer.
RELATED: Grand jury declines to indict Canton police officer for fatal 2023 shooting
In December 2024, a Canton Police Department internal review determined that the shooting was "within policy."
RELATED: Internal review of Zachary Fornash's death shows shooting was 'within policy'
