Charges based on Facebook photo
Police use site profile as basis for wrongful arrest, woman claims
Lizz Aston has never been in a fight in her life.
For one thing, she’s hardly a physical threat at 5-foot-2 and 115 pounds.
However, another woman claims Aston beat her last November at The Piston bar on Bloor St. W.
Aston, a 28-year-old artist, was charged two months later based solely on a Facebook photo and a generic description offered to police by the victim’s boyfriend.
Aston laughs when questioned about the charge, withdrawn by the Crown on March 27.
“I’ve never even been in a fight,” she says with a smile. “A friend of mine said that, ‘Even when Lizz gets angry she gets cuter.’ ”
The smile soon fades as Aston discusses the allegations, which prompted a court appearance and several thousand dollars in legal bills.
The Nov. 19 incident at The Piston began when two couples were involved in a dispute over a coat. Several blows were struck. Aston said she knew nothing of this at the time. On Jan. 5, after returning from a visit to Cuba with her boyfriend, Aston received an email from an officer pointing out that the victim identified her as the woman who struck her. The victim is believed to have gotten Aston’s photo from the friends list on the bar’s Facebook page. “I thought they might have been looking for someone that resembled the girl, with brown hair and bangs,” Aston said. Police asked Aston to come in to speak with officers and she did so two days later. She was read her rights, fingerprinted and processed. Police took away a bobby pin and scarf, she said. Aston said she tried to show police text messages proving she was at an art opening for a friend on the date in question, but the officer didn’t seem interested in that information. She said she has only been in the bar about three times, the last time in September. The officer who laid the charge was identified by Aston as Const. Kristal Mccullough of 14 Division. Toronto police have defended their actions. “We believed there were reasonable grounds to arrest her,” said Const. Tony Vella. “The Crown has a higher thresh- old in that they have to have reasonable prospects of a conviction.”
When asked if there would be an internal investigation in the matter, police spokesman Mark Pugash said police do not comment on internal investigations.
The matter cost Aston dearly. Her lawyer, Mark Polley, waived the retainer and gave her a courtesy discount. Instead of owing around $8,000, she is left with a bill for $3,000.
“I had to move out of my apartment and moved in with my boyfriend to save the money to pay the bill,” she said.
However, her friends at The Piston are coming to her aid with a June 7 fundraiser.