Accompanied by two lawyers, Pagan walked into 52 Division in downtown Toronto to turn himself in. The 41-year-old was charged with one count of mischief and released a couple of hours later. Two conditions of his release are not to consume alcohol and not to attend Rogers Centre where the game was played.
Under Canada’s Criminal Code, the offence of mischief includes wilfully obstructing, interfering or interrupting a person’s lawful use, enjoyment or operation of property.
Tyler Smith, one of the lawyers accompanying Pagan, told the assembled media outside the station his client has cooperated with the police who have been fair to him but he will not have anything further to say until his trial.
During the bottom of the seventh inning of Tuesday’s game, Melvin Upton Jr. hit a ball to deep left field. Baltimore left fielder Kim caught the ball but a can of beer can be seen landing to the left of the outfielder. Kim still managed to make the play although had he dropped the ball because of the distraction, the batter would have likely been called out because of fan interference.
After the play ended, both Kim and centre fielder Adam Jones looked up into the stands where the can appeared to come from. Both players said racial insults were hurled at them during that time.
The Blue Jays went on to win the game 5-2 and advance to the ALDS to play the Texas Rangers. The Toronto Blue Jays issued an apology to both the Baltimore Orioles and Major League Baseball over what happened terming it “an embarrassing incident.” And Rogers Centre is considering increasing security at games and banning the sale of beer in cans.
Wednesday, police published a photo of Pagan saying he was the person they were seeking for tossing the can of beer. The Toronto Sun offered a $1,000 reward to anyone who could provide information “to catch the beer tosser.” Ironically it turned out Pagan works as a copy editor for Postmedia, the company that owns the Toronto Sun. Prior to getting a lawyer, Pagan told the newspaper he did not throw the can and that he was drinking beer from a cup. Postmedia said they are also investigating the incident and no action has yet been taken.
While the Toronto Police Service is satisfied they arrested the right person, others, on social media and elsewhere, are not so sure. Pictures have surfaced showing Pagan drinking beer from a plastic cup and not a can. And others claim it was a woman who threw the can and then quickly disappeared from the stands.
Pagan is scheduled to make his first court appearance on Nov. 24
