The alleged suspect in the Toronto Blue Jays' beer-throwing incident can't do the two things that led police to charge him on Thursday: attend games at Rogers Centre or drink alcohol.
Kenneth Pagan, 41, surrendered to Toronto police on Thursday and was released about two and a half hours later, his attorney, Tyler Smith, told USA TODAY Sports in a phone interview. Smith said the notice to appear that his client agreed to upon his release included two conditions he must abide by while the case is pending: Pagan is barred from attending games at the Blue Jays' home stadium and he can't consume alcoholic beverages.
"He was very anxious to cooperate with police," Smith said. "He was very concerned. He's never been in a situation like this. He's never been in trouble before."
The Hamilton, Ontario, man was charged with mischief in connection with a beer can hurled at Baltimore Orioles outfielder Hyun Soo Kim on Tuesday at Rogers Centre during the American League wild-card game.
Pagan hinted in an interview with The Toronto Sun on Wednesday that police may have identified the wrong person.
“I was drinking out of a cup,” said Pagan, who added he was advised by another attorney not to go into detail about the incident. “I’d love to tell you what happened and my story ... but I can’t say anything.”
Smith cited attorney-client privilege when asked by USA TODAY Sports if Pagan feels that he's been wrongly accused.
"I think he will be willing to talk later on down the road," Smith said.
Pagan, a desk editor at Postmedia Network, is scheduled to appear in court on Thursday, Nov. 24 at 11 a.m.
The beer can that was thrown nearly hit Kim in the head as he fielded a routine fly ball in the seventh inning of a contest the Blue Jay won, 5-2, with a walk-off home from Edwin Encarnacion in the 11th inning.
“The Toronto Blue Jays would like to express our extreme disappointment for the incident that occurred during last night’s American League Wild Card game at Rogers Centre involving an object being thrown onto the field of play,” the Blue Jays said in a statement. “Throughout this season, we have witnessed an incredible level of fan engagement, with a passionate and loyal fan base that extends across Canada."
Here's the closeup shown later pic.twitter.com/eGDQ2oAmXp— CJ Fogler (@cjzero) October 5, 2016