'His voice will be heard.' Zach Fornash family seeks dialogue, change from Canton police

CANTON – Family members of Zachary Fornash, killed by a city police officer last week, and their attorney want to meet immediately with city leaders to discuss meaningful changes to the practices of the Canton Police Department.

Mentor-based attorney Bobby DiCello held a press conference Thursday in northeast Canton to stress that his focus is having such a meeting and not, at this point, on filing a lawsuit seeking damages over Fornash's shooting.

Fornash's parents, wife and siblings sat with DiCello, struggling at times to hold back tears. The event took place at Stark Community Support Network's offices on Harrisburg Road NE.

"Mr. Mayor, chief of police: Please have a conversation with us on behalf of this child," DiCello said, holding a picture of Fornash's 1-year-old.

"We need to have a dialogue. I am not here right now, although that day may come where I have to talk about a lawsuit, I am not here for this family about a lawsuit. I'm here to say to the cameras, to America, to this child and to you, we want a conversation. We want it, we demand it. We need it now."

DiCello said city officials owe Fornash's 2-year-old son and Fornash's father, James Fornash, an explanation.

"How about some kindness? How about some basic human kindness?" the attorney said.

Messages were left late Thursday afternoon for Canton Mayor Tom Bernabei, whose term expires shortly after this month; Canton Police Chief John Gabbard; and City Safety Director Andrea Perry.

Canton Law Director Jason Reese, the city's chief attorney, said, “I’m certainly not going to speak for any other elected official. I would wait to see what the comment of the mayor and the chief of police is at this time.”

DiCello said that Fornash's family wants their loss to lead to changes that will benefit everyone.

Attorney: Zachary Fornash was not a 'lethal threat'

"We need a conversation about safety for all of us," he said. "The safety of ordinary Americans is no longer a given thing here. If you're allowed to carry a firearm in the United States, you ought not end in a casket, walking away from an officer even if he believes you have one. He did not. He had a BB gun."

The attorney said a mindset of seeing a man walking away as having a gun, and "I'm going to shoot him before he shoots me" and not having a conversation to find out what's going on and waiting for other police officer to arrive, won't "make people safe."

"And I know people are going to say that this is on Zachary because he didn't stop walking," he said. "But ladies and gentleman, that's not what the Constitution of the United States says. We are not to be subject to unreasonable searches and in this case, seizures. When a body is seized with a bullet, it's got to be because there's a lethal threat. Walking away from an officer and turning to him to respond to him is not a lethal threat."

The attorney throughout the press conference held up pictures from Fornash's funeral Tuesday in Barberton. One showed Fornash's mother, Cassandra White of Hartville, by the body of her son in the casket. He also held up pictures of Fornash's three children, including his 5-year-old daughter.

"This child will be in your school without a dad in a year. First grade, without a dad," DiCello said. "Who's going to come to her birthdays? Come on. Let me see a hand. Who's going to help her when she goes on her first date? Or comes back from her first failure? Who's going to be there for her, like this guy who I represent?"

White, a Hartville area resident, said her son's wife is now "homeless because she can't go back to her house to watch out her window to watch where her husband had been killed. ... We are all rallying together and we will stand for Zachary. And his voice will be heard. Because as I've said before, my son did not deserve this. My son deserved for the situation to be de-escalated. And it was not de-escalated. It was escalated to the point that has led us here today."

Fornash's brother, Tristan Fornash, said his grandfather was "an amazing cop." He called for police officers to ask the police chief to speak with the family.

"I know there are good cops out there. So Canton Police Department, please talk to your chief. Make him talk to us. Please."

Related: 'He was not a bad person.' Family, supporters grieve loss of man shot by Canton police

What led to Canton police shooting Zachary Fornash?

On Dec. 5, Canton police officer Garrett Marino was investigating a report at Skyland Terrace Apartments that a man had shown a gun in an argument, police said. While driving his police cruiser, Marino spotted Fornash standing or walking by an apartment building. Fornash's apartment was nearby across Alan Page Drive SE.

According to his body camera footage later released by police, Marino quickly exited his vehicle with his weapon drawn, said that Fornash had a gun and then screamed repeatedly at Fornash to get onto the ground or to put his hands onto his head or be shot.

Fornash kept walking away from the officer with his hands at his sides or in his pocket. When Fornash turned his body toward the left, Marino shot him multiple times. Fornash later died at Aultman Hospital. Fornash had a pellet gun or BB gun, not a real gun.

The Ohio Bureau of Criminal Investigation is reviewing the shooting. As is standard after a police shooting, Marino is was put on paid administrative leave. It's not clear if he's returned to duty.

Activists who've demonstrated against past police shootings helped the family organize a vigil on Dec. 7 near where Fornash was killed. His family had calling hours and a funeral service for him at Campfield-Hickman-Collier funeral home.

Related: Canton police officer shoots, kills 24-year-old man; state to review incident

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

Bobby DiCello served as ABC News analyst during trial of Derek Chauvin

DiCello is also the attorney for Marquetta Williams, whose husband, James Williams, was shot by a police officer through a fence and killed on Jan. 1, 2022, when her husband was firing a gun into the air in southwest Canton to celebrate the New Year. She filed a federal lawsuit against the city of Canton alleging "an unwritten policy or custom of 'shoot first and ask questions later' in situations where, as here, a citizen has firearms in his possession and is discharging it."

DiCello was a legal analyst for ABC News during the trial in 2021 of former Minneapolis police officer Derek Chauvin, convicted of murdering George Floyd. He also was one of the attorneys for Arnold Black, who filed a lawsuit against the city of East Cleveland alleging police brutality that led to a $50 million judgment against the city.

Reach Robert at robert.wang@cantonrep.com. X formerly known as Twitter: @rwangREP.

This article originally appeared on The Repository: Zachary Fornash's family want dialogue fatal Canton police shooting