Marco Muzzo, centre, leaves the Newmarket courthouse surrounded by family members including his mother Dawn Muzzo, right, on Feb. 4.Christopher Katsarov/The Canadian Press
Marco Muzzo had a blood-alcohol level as much as three times the legal limit when his Jeep Grand Cherokee slammed into a minivan in Vaughan, Ont., last September, killing four.
Mr. Muzzo, a 29-year-old from one of the Toronto area's wealthiest families, pleaded guilty on Thursday to six charges in relation to the crash, which killed all three children of a local family and their grandfather.
An agreed-upon statement of facts read in Ontario Superior Court revealed several details about the crash for the first time, including some that could sway the judge toward a harsh sentence – such as Mr. Muzzo's extreme intoxication – and others that could help him, such as his co-operation with police.
Mr. Muzzo's lawyer, Brian Greenspan, announced last month that his client would plead guilty to help show his contrition. But a light sentence is far from certain in a high-profile case that caused so much injury and death, and after other recent harsh drunk-driving sentences.
One decision that worked in Mr. Muzzo's favour this week was not seeking bail in the months after the crash. After entering his guilty pleas on Thursday, he requested and was granted a brief respite from jail, walking out of the Newmarket, Ont., courthouse on $1-million bail until his sentencing hearing on Feb. 23.
Allowing presentencing release is an option in all cases where the accused pleads guilty before requesting bail, Justice Michelle Fuerst said, adding that she is aware of the intense public interest in the case.
"This is not some kind of special privilege extended to Mr. Muzzo," she said.
Justice Fuerst said she released Mr. Muzzo primarily so he could get treatment for medical problems.
Mr. Greenspan declined to go into detail about those problems, but pointed out that his client looks drastically different than he did in September. "Certainly, there's been noticeable and observable weight loss over the course of the last number of months."
For just under three weeks, Mr. Muzzo will live with his mother under a strict curfew, accompanied either by her or by one of his fiancée's parents to appointments and to brief visits to the office of his family's drywall company, where he may need to tie up a few loose ends, Mr. Greenspan said.
He will not use the time to get married to his fiancée, the lawyer said.
Mr. Muzzo had been scheduled to marry in the fall. On Sept. 27, he returned from his bachelor party in Miami on a corporate jet belonging to the Muzzo family company, his first time on that plane, Mr. Greenspan said.
The court heard that Mr. Muzzo drove away from Pearson airport on his own that day. Shortly after, he came up to a stop sign, applying the brakes but managing to slow himself to only about 85 kilometres an hour. The speed limit on the two-lane road was 80 km/h.
In the intersection, his SUV hit a Dodge Grand Caravan carrying six members of the Neville-Lake family, sending it into a ditch.
A witness said Mr. Muzzo looked "not normal" and that his eyes were glassy, the way people look when they are drunk, according to the statement of facts read in court.
The responding officer observed that Mr. Muzzo was unsteady on his feet, had urinated on himself, smelled like alcohol and had trouble following instructions.
Mr. Muzzo provided two blood samples within three hours of the crash, which took place about 4 p.m. in clear weather. A toxicologist later found that his blood-alcohol level at the time of the collision would have been between 190 and 245 milligrams per 100 millilitres of blood. The legal limit is 80 milligrams.
Under Canada's criminal code, the level of intoxication in drunk-driving cases matters, said criminal defence lawyer Antonietta Raviele. Any blood-alcohol reading over 160 mg is considered a factor that could require a more severe sentence.
The court heard about the hours after the crash, including the deaths of nine-year-old Daniel Neville-Lake, his brother Harrison, 5, and sister Milly, 2, and their grandfather Gary Neville.
As each of their deaths was recounted, the children's mother, Jennifer Neville-Lake, closed her eyes and took deep breaths. The children's grandmother and great-grandfather were also injured in the crash, leaving them with long-term health problems, the court heard.
Mr. Muzzo wore a dark suit and did not look in the direction of the victims' family. One of his bail conditions is not to contact the Neville-Lakes – a request from the Crown, which consented to the bail application, Mr. Greenspan said.
Mr. Muzzo has not approached the family, not wanting to do anything "invasive or intrusive," the lawyer said. But he will likely speak at a sentencing hearing that will run to two or three days.
Ms. Neville-Lake told media later that the bail was "unfortunate" but that it was a relief to know Mr. Muzzo would not be near her family, saying she cannot forgive him.
Daniel Neville-Lake's 10th birthday would have been on Feb. 3, she said.
With a report from The Canadian Press.