Blue Jays Beer Thrower Facing Criminal Charges

Written on Behalf of Affleck & Barrison LLP

Last week’s wild card game between the Toronto Blue Jays and the Baltimore Orioles was overshadowed by a can of beer tossed form the stands, narrowly missing Oriole’s outfielder Hyun Soo Kim.

The incident immediately caused a social media uproar across Canada and in the U.S, with many calling for the identification of the person responsible. Toronto Mayor John Tory called the perpetrator a “loon-ball’ and appealed to fans sitting nearby to identify him. The Toronto Sun offered a $1000 reward to anyone who could turn the beer-thrower in. Well-known author Stephen King pondered “Hey, whatever happened to polite Canadians” via Twitter.

Toronto Police Service quickly released a photo of the man they believed threw the can. Within 24 hours, the man in the picture was identified as Ken Pagan, a 41-year old Hamilton resident, and employee at Postmedia. Pagan subsequently turned himself into police at 52 division. He is facing one count of mischief, and has a court date set for November 24th. In the meantime, he has been released with conditions- including a ban on attending games at the Rogers Centre, and a ban on consuming alcohol.

Mischief Charges

Depending on the outcome of his court appearance, Pagan could be facing serious consequences. The range of punishments for a mischief conviction includes fines, probation, and jail time. The maximum jail sentence depends on whether the charges are for mischief under $5000, or mischief over $5000. A conviction can also result in a criminal record, which may affect future employment, travel, and/or immigration. Even where there is an acquittal or the charges are withdrawn or stayed, a record of the mischief charge may still be found on a CPIC.

Other Consequences 

A Blue Jays spokesperson has confirmed that Pagan is “not welcome back at Rogers Centre”. It is unclear whether the ban will be permanent or temporary. This is not an exceptional consequence- last year a Toronto sports fan was banned from all Maple Leaf Sports and Entertainment events for at least 12 months after being caught on live television shouting obscenities to a female reporter.

If you are facing mischief charges, contact our office online or at 905-404-1947 to schedule a free consultation with one of our skilled Oshawa lawyers.