The Canadian Press
Jessica Smith Cross
TORONTO–A man who threw a beer can onto the field during a dramatic Blue Jays’ playoff game last fall was given a conditional discharge yesterday after his lawyer argued the public humiliation he suffered since being charged in the incident should be taken into account.
Ken Pagan pleaded guilty to mischief last month, admitting he tossed a can of beer on the field last October as a Baltimore Orioles’ player was about to catch a fly ball during the seventh inning of the pivotal wild-card game in Toronto.
The conditional discharge means Pagan avoids a conviction if he complies with certain conditions for a year, his lawyer said.
Those conditions include 100 hours of community service, an order to stay away from the Rogers Centre (where the Blue Jays play), and a ban on attending all Major League Baseball games.
Before the discharge was granted, Pagan offered an apology in court to the Blue Jays, the Orioles, the player he nearly hit (Hyun Soo Kim), and to baseball fans in general.
“My emotions got the best of me in an exciting moment and my reaction is a deeply regrettable mistake, something I’ve been torn about since the moment it happened,” he said.
“I am fully aware of the disgrace I brought to the game.”
Kim, who was in Toronto for a game against the Jays last night, said though a translator that he received a personal apology from Pagan.
“I read it and I definitely accept his apology,” Kim said.
“People make mistakes so, you know, I’m sure it’s not going to happen again.”
Pagan’s lawyer, Tyler Smith, argued the public humiliation and intense media scrutiny his client experienced since the can-tossing incident serve the court’s requirement for a deterrent to prevent others from repeating such a crime.
“He no longer enjoys the relative anonymity that most of us do,” noted Smith.
“He’s become known . . . as the beer can guy.”
Pagan has become the butt of jokes and been subjected to online harassment, Smith added.
Court also heard Pagan lost his job with Postmedia Network Inc. after the incident and has had to find other, less satisfying work, including delivering pizza.
“He’s in counselling, he has significant anxiety issues,” Smith said outside court.
“He’s afraid that everyone he meets will know who he is already and have formed an idea in their minds that he is a jerk.
“He’s suffered with respect to the shame that he feels, and the shame that he has brought on to his family and his friends,” he added.
Crown lawyer Rebecca Edward had argued a conviction was a necessary deterrent in the case, but the judge presiding over the matter disagreed.
Justice Robert Bigelow said a conditional discharge would be sufficient.
“Not being able to follow the sports team he loves has had a significant impact on him,” Bigelow added, noting Pagan would have to continue to stay away from Jays’ games in Toronto for a year.
