Blue Jays fan wanted in beer-can throwing incident charged with mischief

The man accused of throwing a beer can onto the Rogers Centre field during Tuesday's wild-card game between the Toronto Blue Jaysand Baltimore Orioles has been charged with mischief.

Kenneth Pagan, 41, of Hamiltonsurrendered to Toronto police at 52 Division on Thursday night. He is due to appear in a Toronto court on Nov. 24.

The incident occurred in the bottom of the seventh inning, as Orioles outfielder Hyun Soo Kim was tracking a fly ball. As he made the catch, a beer was thrown out of the left-field stands and onto the field, narrowly missing Kim.

On Wednesday, police urged the person who tossed the can to turn himself in, while the Blue Jaysoffered an apology to the Orioles.

Toronto won the playoff game 5-2 after Edwin Encarnacion's11th-inningwalk-offhome run. Theyadvanced to the American League Divisional Series against the Texas Rangers,whichstarted Thursday.

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Pagan, 41, is a copy editor for Postmedia Network Inc.

Postmedia Network spokeswoman Phyllise Gelfand confirmed Pagan is employedbythe news organization and said it is conducting an investigation but has not reached conclusions.

Toronto policesaid security camera footage inside the stadium helped identify the person who threw the can.

But in a report published by the Toronto Sun, which is owned by Postmedia, Pagan suggested police may be wrong.

Pagan told the Toronto Sun he was "drinking out of a cup" during the game. He also said photos posted on Twitter that show him after the can was tossed clearly indicate he had a cup in his hand.

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Tyler Smith, a criminal defence lawyer with Hicks Adams LLP, a Toronto law firm, told reporters after Pagan surrendered to police that he expects Pagan will be released by police on Thursday night. He said Pagan contacted the firm on Thursday and he was charged with one count after walking into the police station.

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"We expect that will be the only chargehe will have to face," Smith said. "He caught wind that the police wanted to talk to him, so he made himself available. He wanted to get a little bit of advice before he did that. So he got the advice that he needed and here he is."

Smith said Pagan has no comment on the charge.

"The police have been fair in dealing with us on this, so that's why he's here to co-operate as much as he can right now, but at the end of the day, he's presumed innocent and he won't have anything further to say to you all. He's going to wait untilcourt to have his say."

Major League Baseball has spoken with the Blue Jays about banning cans from the seats at Rogers Centre and wants officials in Canada to prosecute the fan.

Baseball commissioner Rob Manfred said he didn't think there is another big league ballpark where beer is served in cans. Toronto said it is planning tougher security measures and alcohol policies at Rogers Centre.