TORONTO — A young woman who made headlines with a viral videotaped toss of a chair from a 45th-story balcony in Toronto was fined $2,000 on Tuesday, with the judge saying it was lucky no one was hurt.
In passing sentence, Ontario court Judge Mara Greene rejected prosecution calls to jail Marcella Zoia, who was 19 at the time.
“I cannot find that she intended to hurt anyone when she threw that chair,” Greene said.
In addition to the fine, which Greene called significant, Zoia will have to put in 150 hours of community service and will be on probation for two years.
Zoia had pleaded guilty to mischief endangering life in the February 2019 incident. The chair crashed near a woman with a child in a stroller but no one was injured.
A video of the incident went viral after being posted to social media, drawing widespread condemnation, and led to Zoia’s being dubbed “Chair Girl.”
The Crown had wanted a six-month jail sentence. Greene, who said Zoia was clearly playing to the cameras, said a suspended sentence as the defence had asked for was also inappropriate.
In the sentencing hearing, conducted by conference call due to the COVID-19 pandemic, Greene said the fact that no one was hurt played into her decision. She also said Zoia’s young age and potential for rehabilitation mitigated against a jail term.
Evidence at trial was that Zoia had been drinking the night before and was still intoxicated on the morning she threw the chair off the high-rise balcony. The video was taken with her phone but Greene made no finding as to who had actually filmed it.
The video was deleted hours later, but had already made the rounds on social media and garnered international notoriety. Zoia turned herself in days after Toronto police asked for help in identifying her.
Zoia’s lawyer, Greg Leslie, said earlier that his client had dropped out of school, lost modelling contracts, and was suffering from anxiety. She also had a major drinking problem, he said. He argued his client was immature and had succumbed to peer pressure.
The prosecution, however, had maintained Zoia had minimized the gravity of the incident.
Zoia had previously apologized in court for the incident.
“I’m sorry. A lot of people could have been seriously hurt because of my actions,” Zoia said. “I know this was a very immature and stupid mistake which I will take responsibility for.”
The judge ordered Zoia to follow any counselling regimen her probation officer might order.
This report by The Canadian Press was first published on July 21, 2020.
Colin Perkel, The Canadian Press