‘Not acceptable’: Family attorney speaks after fatal Canton police-involved shooting
CANTON, Ohio (WJW) – Attorneys for the family of a man killed last week in a police-involved shooting are demanding a meeting with city officials, describing “technical problems” they have with the way the incident was handled.
According to Canton police, just after 10 p.m. on Dec. 5, Officer Garrett Marino was flagged down by citizens reporting that a suspect had brandished a gun during an argument.
A body camera video from the officer showed him confronting Zachary Fornash in the 800 bock of Alan Paige Drive S.E., on the property of the Skyline Terrace Apartments.
During a 26-second foot chase, Officer Marino was heard saying, “get the [expletive] on the ground,” then saying “give me the air, he’s got a gun,” presumably requesting to use the open radio channel.
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As the chase continued, Officer Marino was heard repeatedly ordering Fornash to “get on the ground or you are going to get shot,” after which Fornash slowed to a walk.
Marino then repeatedly ordered Fornash to “show me your hands.”
Fornash appeared to be heard saying “no,” after which he turned and continues walking away.
Marino then demanded that Fornash put his hands on his head.
Without moving his hands from his waistline, Fornash appeared to turn to face the officer when Marino fired at least four shots.
While laying fatally wounded on the ground, Fornash was heard telling the officer that his gun was a BB gun.
On Thursday, Attorney Bobby DiCello called the shooting unacceptable, holding up photos from Fornash’s funeral.
“I know people are going to say this is on Zachary because he didn’t stop walking. Ladies and gentlemen, that is not what the Constitution of the United States says,” said DiCello.
“If you are allowed to carry a firearm in the United States, you ought not end in a casket for walking away from an officer, even if he believes you have one which he did not. He had a BB gun,” he added.
DiCello is demanding a meeting between Police Chief John Gabbard, other city officials and members of the Fornash family.
“I am not here for this family about a lawsuit. I am here to say to the cameras, to America, to this child and to you. We want a conversation and we want it, we demand it, we need it now,” said DiCello.
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DiCello’s firm is also representing the family of James Williams, 42, who was shot and killed by a Canton police officer on New Years Day in 2022 as Williams was firing celebratory shots into the sky from his backyard.
Body camera video of that incident showed the officer firing shots through a privacy fence.
Although the officer was absolved of any wrongdoing related to the shooting, DiCello’s firm has filed a wrongful death suit in that case against the city of Canton.
That lawsuit continues to be litigated.
“We are not objects, we are not targets, we are not threats. We are human beings,” said DiCello on Thursday, calling the two fatal shootings in less than two years a “pattern.”
Although DiCello would not reveal specifics of what he wants to discuss with the city, he did cite several “technical problems,” including that “the officer involved took absolutely no chance, no effort to secure the safety of the scene. There was no gun battle, ladies and gentlemen, he was walking says his brother and friend.”
DiCello said Fornash was “not perfect,” but he was a good person and he believes the officer could have started their confrontation trying to de-escalate the situation first.
“When a body is seized with a bullet, it’s got to be because there is a lethal threat. Walking away from an officer and turning to him to respond to him is not a lethal threat,” said DiCello.
Fornash’s shooting remains under investigation by the Ohio Bureau of Criminal Investigation, which issued a statement to FOX 8 on Thursday saying the investigation remains active and, when completed, would be turned over to a prosecutor.
In a written statement of his own last week, Chief Gabbard said the following:
“I welcome the independent review of this incident and have confidence in the ability of the Ohio Bureau of Criminal Investigation (BCI) 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. My respect for the independence of the investigation limits my ability to comment further.”
Fornash’s mother, Cassandra White, said she will not remain silent.
“We are all rallying together and we will stand for Zachary and his voice will be heard because like I said before, my son did not deserve this.”
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