The mother of a man killed by a Canton police officer has filed a federal lawsuit against the city alleging excessive force and other claims tied to his 2023 shooting death near an apartment complex.
Cassandra White, mother of Zachary Fornash, who was shot by police Dec. 5, 2023, outside of his Alan Page Drive SE apartment, filed her complaint Dec. 1 in U.S. District Court in Cleveland.
She is seeking a jury trial and at least $1 million dollars for her son’s death.
The suit claims that her son “lost his life at the hands of a Canton Police Officer for simply walking away.” It names the city, officer Garrett Marino, Sgt. Michael Rastetter and Police Chief John Gabbard as defendants.
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.
Fornash was walking away from Marino and did not respond to commands. At some point, Fornash turned toward the officer and Marino fired his service weapon four times striking Fornash. He later died at Aultman Hospital.
Marino told the Ohio Bureau of Criminal Investigation that he thought Fornash was going to shoot him with a weapon that turned out to be a pellet gun.
The incident, from the time Marino moved toward Fornash and gave his first commands until his fourth gunshot was fired, lasted less than 33 seconds, according to a BCI report.
The suit claims Marino used excessive force, violating Fornash’s Fourth and 14th Amendment rights.
Due to the pending litigation, the city of Canton declined to comment. White’s attorney, Ken Abbarno of DiCello Levitt of Mentor, was unavailable for comment on Dec. 2 due to his work schedule.
Canton officer was cleared in shooting
Last December, an internal review ruled that Marino acted within department guidelines and wouldn’t face any discipline over the fatal confrontation.
“Any loss of life is tragic, and this instance is no exception,” Gabbard said in a prepared statement at the time. “I appreciate the independent investigation by the Ohio Bureau of Criminal Investigation, and the board’s very thorough review.”
A Stark County grand jury declined to indict Marino on any criminal charge, effectively concluding Marino was justified in his use of force.
The lawsuit asserts that Fornash never threatened the officer or showed a weapon. Fornash had a pellet gun or BB gun, not a real gun.
The suit says the incident took place in a well-lit area and alleges Marino failed to try to deescalate the situation or call for backup.
The complaint takes aim at the city’s training policies and Marino’s supervision.
Marino, the lawsuit says, has a history of using excessive force and misbehavior but he is never reprimanded or disciplined in a meaningful way for his actions. The suit said his father is a captain on the department.
“He has a history of repeated acts of excessive force and/or unreasonable violence against Canton citizens,” according to the lawsuit. “Upon information and belief, Marino receives deferential treatment when he breaks the rules.”
The department, the lawsuit claims, has a history of violent and unconstitutional police action, citing the death of James Williams on Jan. 1, 2022, at the hands of Canton police officers; an Aug. 24, 2024, incident where a Canton officer kicked a citizen; and the April 18, 2024, death of Frank Tyson. Two officers have been charged in Tyson’s death.
Reach Amy at 330-775-1135 or amy.knapp@indeonline.com.
This article originally appeared on The Independent: Canton police officer facing federal lawsuit over 2023 fatal shooting
Reporting by Amy L. Knapp, Massillon Independent / The Independent
USA TODAY Network via Reuters Connect
