'It's a BB gun.' Canton police say man fatally shot by officer had pellet gun

Canton police released this photo of a pellet gun they said Zachary Fornash had when he was shot by officer Garrett Marino. Fornash, 24, died Tuesday night as a result of the shooting.
Canton police released this photo of a pellet gun they said Zachary Fornash had when he was shot by officer Garrett Marino. Fornash, 24, died Tuesday night as a result of the shooting.

CANTON ‒ The man shot Tuesday night by a Canton police officer showed a pellet gun during an argument that preceded their fatal confrontation, Police Chief John Gabbard said Thursday.

Officer Garrett Marino was flagged just after 10 p.m. by citizens reporting that a suspect had brandished a gun during an argument, Gabbard said.

Video released by police shows the arriving officer chasing down the suspect in the 900 block of Alan Page Drive SE, repeatedly telling him to get on the ground or put his hands on his head. Instead, the man turns his back and walks away. He is then shot repeatedly seconds later as he turns back toward the officer.

Police also released a photo of the pellet gun they said Fornash had with him.

'The subsequent contact between the suspect, Zachary Fornash, and Officer Marino resulted in the use of deadly force," Gabbard said in a statement. "The weapon described by witnesses as being presented by Mr. Fornash as a firearm was found to be a pellet gun. Although Canton Fire Department paramedics were dispatched immediately and officers rendered emergency medical aid at the scene, Mr. Fornash died from his injuries."

Marino, an eight-year veteran of the department, is on administrative leave in accordance with departmental policy and "well-recognized best practice," Gabbard said.

Police video of Zachary Fornash shooting

In the police body camera video released Thursday, Marino is shown chasing Fornash on foot across the apartment complex parking lot and grass.

Fornash has his hands in his pockets as Marino tells him to get on the ground four times.

Twice, he tells him to get on the ground or he would be shot. Then the officer tells the suspect, three times, to show his hands. Fornash stops, and Marino tells him to put his hands on his head. He yells the same command four more times.

Fornash, who had been walking away from Marino, turns to face the officer. Fornash still has his hands in his pockets. Marino shoots him repeatedly. The elapsed time between Marino leaving his vehicle and the time he shoots Fornash is 26 seconds.

Marino tells dispatchers shots were fired and asked for a supervisor.

The officer tells Fornash twice not to touch the gun. Only one of the suspect's hands is visible.

"It's a BB gun," an injured Fornash says from the ground.

Reports from other responding officers indicate Fornash was shot in the leg and at three places in his chest -- in both armpits and the center of his chest.

One officer's report initially said he saw a handgun sticking out of the suspect's pocket. He then wrote that he saw it was a pellet gun of some sort.

Zachary J. Fornash
Zachary J. Fornash

Police chief: BCI investigation welcomed

The chief said he welcomes the independent review of the incident by the Ohio Bureau of Criminal Investigation and has confidence in its ability to thoroughly and objectively investigate.

"All loss of life is tragic for our community, regardless of the circumstances, and my prayers are with the family of Mr. Fornash, Officer Marino, and all of those affected," Gabbard said. "My respect for the independence of the investigation limits my ability to comment further.”

The mother of the deceased, Cassandra White of Hartville, has questioned the police action. She wants to know why he wasn't hit with a stun gun with pellets, and why her son had multiple gunshot wounds.

Zachary Fornash is survived by his children Elijah, 2, Layla, 1, and Avah, 5.
Zachary Fornash is survived by his children Elijah, 2, Layla, 1, and Avah, 5.

"Zachary was the most kind hearted man," White wrote in a letter on behalf of her family. "He was a loving father of 3 young children, and dearly loved by his wife, parents and siblings. We are all devastated by this tragedy."

White said he lived in the 800 block of Alan Page Drive SE with his wife Alexus and their three children Avah, 5, Elijah, 2, and Layla, 1.

The area is an apartment complex with multiple buildings.

She asked that anyone with video or other information about the shooting email it to taufunlov@gmail.com.

Other recent arrests and charges dismissed

Court records show Fornash had been arrested twice within the last month, accused of making threats with a weapon.

Those three unrelated criminal counts were dismissed Wednesday in Canton Municipal Court because of his death.

Charges of aggravated menacing and domestic violence were filed by Canton police alleging that on Nov. 16 Fornash threatened to shoot a woman in the back of the head during an argument, and then showed a handgun and chambered a round.

Canton police again charged him with domestic violence in the same month. The charging document says that on Nov. 21, while having a text conversation, Fornash threatened to cause serious physical harm to someone by holding a gun to her head.

Reach Nancy at 330-580-8382 or nancy.molnar@cantonrep.com.

On X, formerly known as Twitter: @nmolnarTR

This article originally appeared on The Repository: Canton police reveal more details of fatal shooting of Zachary Fornash