Toronto "Chair Girl" sentencing delayed over whether she posted video herself

CKTB - News - Chair Girl

A packed Toronto courtroom was expecting a resolution in the infamous "Chair Girl" case Tuesday, but a new twist over Snapchat has delayed it into next month.

20-year-old Marcella Zoia plead guilty in November to one count of mischief causing danger to life, after a video went viral of her tossing a chair from a Toronto highrise towards the busy Gardiner Expressway last February. 

But a twist came from the pre-sentence report that says Ms. Zoia did not post the video herself to Snapchat before it was captured by somebody else and quickly went viral. 

The Crown told the court that was not what previous evidence says, but Zoia's lawyer Gregory Leslie argued she never did post it herself. 

The development means the Crown will call a witness, which will be cross-examined, to try and prove she did in fact post it, which would be an aggravating factor in sentencing. 

Sentencing submissions were supposed to happen Tuesday, with the Crown asking for six months and the defence proposing a suspended sentence. 

"I'm obviously not pleased," Justice Mara Greene said. "This has to move forward in a timely fashion." 

"Sometimes life just happens." 

Zoia did not comment as she left the courtroom while asked by reporters if she posted the video, which Leslie explained could have an impact on her sentence. 

"Because then it make it look that she's looking for the social media," he said. "To benefit herself and of course that's what the Crown is arguing." 

But Leslie was firm she never did post it herself and when asked if she ever posted it to any social media, reiterated the same answer. 

"She did not post it to Snapchat," he said, and seemed to question how she could've posted it in any way.

"She is the one tossing a chair, so if you think about it, it's interesting, how could she be taking the video from the perspective and the angles that we see on the video?" he said. 

But Leslie said regardless of whether or not the Crown can prove it, she still should get a suspended sentence. 

"My client is very anxious, she was under distress, she was distraught last night, she's having a difficult time, she absolutely wants this to be over with," he said. 

The case returns to Old City Hall on February 7th.