Man who tossed beer can at Jays game spared criminal record
Ken Pagan gets 12 months probation, including mandatory community service
A Rogers Centre spectator who threw a beer can onto the field during a Blue Jays’ playoff game last fall has been spared a criminal record, if he complies with terms of his 12-month probation.
Justice Robert Bigelow told Old City Hall court on Wednesday that Ken Pagan has already lost his job and suffered public humiliation after narrowly missing Baltimore Orioles outfielder Hyun Soo Kim with the tin on Oct. 4, 2016.
Bigelow agreed with Pagan’s lawyer, Tyler Smith, that, “other than for a few seconds . . . (Pagan) has been a significantly contributing member of our society.”
“He has suffered humiliation, harassment as a result of this incident,” the judge continued.
Pagan’s voice trembled as he spoke of his love for baseball and apologized to the Blue Jays, Orioles, Kim, the city and his family, friends and former colleagues.
“I would first like to say how fortunate I am that nobody was injured in this incident and that the game was able to continue,” said Pagan, a former Postmedia sports copy editor.
“I do realize how lucky I am and the situation could have been worse,” Pagan said, wearing a white dress shirt and dark blue tie.
“I have been a passionate baseball fan since getting hooked as an 8year-old in the summer of 1983 and I am fully aware of the disgrace I brought to the game and the embarrassment this caused, particularly to the Toronto Blue Jays organization and the great fans of Toronto,” Pagan said.
Court heard that Pagan lost his job as a result of the incident.
Since then, he has delivered pizzas and worked as a janitor and has become a janitorial supervisor.
Smith said that the publicity around the incident means Pagan may never get back into journalism.
Pagan was given a conditional discharge, which means he will be spared a criminal record if he complies with his 12-month probation.
The Crown had sought a criminal conviction, arguing it was needed to send a message of public deterrence.
Under terms of his probation, Pagan must perform at least 10 hours of community service a month.
He is also barred from attending any Major League Baseball games. The Blue Jays have already banned him from the Rogers Centre.
The judge ordered Pagan to do 200 hours of community work, but noted that he has already done 100 hours this year.
Court heard that Pagan is a longtime volunteer with youth in amateur sports. Smith argued that a criminal record could block Pagan from continuing as a sports volunteer.
Pagan pleaded guilty last month to a charge of mischief under $5,000.
Assistant Crown Attorney Rebecca Edward argued that a strong message and criminal conviction was needed to prevent similar incidents.
“This is unsportmanslike and definitely non-Canadian,” Edward told court.
“A lot of people were embarrassed by this behaviour . . . concerned that this reflected badly upon us,” Edward said.
Pagan said he began drafting his apology the day after tossing the beer tin.
“I am truly sorry and I am working to be the best person that I can be,”
“A lot of people were embarrassed by this behaviour . . . concerned that this reflected badly upon us.” ASSISTANT CROWN ATTORNEY REBECCA EDWARD
Pagan told court.
In town for a game against the Blue Jays, Orioles outfielder Kim told reporters at the Rogers Centre through a translator that he has received and read the apology letter from Pagan.
“I accept his apology. People make mistakes. I’m sure it’s not going to happen again,” he said.
Because of the incident, the Jays’ stopped selling beer in tins for the remainder of the playoffs.
Smith suggested Pagan wasn’t the only one to blame in the incident.
“Without a doubt, Mr. Pagan and many others that day were overserved,” Smith said.