Executive Summary
- A federal lawsuit seeks over $1 million in damages for the 2023 fatal shooting of Zachary Fornash by a Canton police officer.
- The suit alleges Officer Garrett Marino used excessive force and failed to de-escalate the situation.
- A grand jury previously declined to indict the officer, and an internal police review found the shooting within policy.
- Fornash was in possession of a BB gun at the time of the fatal encounter.
A federal wrongful death lawsuit has been filed against a Canton Police officer in connection with the fatal shooting of Zachary Fornash in December 2023, more than a year after a grand jury declined to bring criminal charges. The civil complaint seeks a jury trial and monetary damages, citing violations of constitutional rights and alleging a failure to utilize de-escalation tactics.
The lawsuit specifically names Officer Garrett Marino, claiming that he violated Fornash’s right to be free from excessive force. According to the filing, the plaintiffs allege that Marino did not see a weapon on Fornash and was not under immediate threat when he discharged his service weapon. The suit further contends that the officer made no effort to de-escalate the encounter and later constructed an account of the events to escape accountability. The plaintiffs are seeking a judgment of at least $1 million in compensatory and punitive damages, as well as a court order requiring the Canton Police Department to adopt policies aimed at preventing future misconduct.
The shooting incident occurred on December 5, 2023, after police responded to reports of a man brandishing a firearm on the 900 block of Alan Page Drive SE. According to police reports, Officer Marino confronted Fornash and issued commands for him to get on the ground. Fornash reportedly ignored these commands and walked away. After repeated warnings, Fornash turned toward the officer and was shot. It was later determined that the weapon Fornash possessed was a BB gun.
Prior to this civil litigation, the case was subject to both criminal and administrative reviews. In September 2024, a Stark County grand jury issued a no-bill, finding insufficient evidence to indict Officer Marino on criminal charges. Following that decision, a December 2024 internal review by the Canton Police Department ruled that the shooting was “within policy.”
Civil Litigation & Legal Standards
This lawsuit marks a shift from criminal proceedings to civil liability, highlighting the differing burdens of proof in the American judicial system. While the grand jury found insufficient grounds for criminal prosecution—which requires proof beyond a reasonable doubt—the federal civil suit will assess the officer’s conduct under the lower standard of a preponderance of the evidence. This phase of litigation will likely focus heavily on the interpretation of threat perception involving non-lethal weapons and adherence to departmental protocols. It is important to note that while the lawsuit alleges civil wrongdoing, Officer Marino was not indicted criminally and maintains the presumption of innocence regarding criminal statutes.
