Ken Pagan, the infamous Torontonian who drew the ire of millions, including celebrities such as Stephen King, for throwing a beer can onto the field during a heated Toronto Blue Jays playoff match has been charged with one count of mischief under $5000.

Ken turned himself in shortly after the incident took place in October. The conditions for his release included that he refrain from attending Toronto Blue Jays games at the Rogers Centre, and from consuming alcohol at anytime, in any location until his matter was dealt with.

Ken's first court date was November 24, at Old City Hall in Toronto.

His next court date is scheduled for December 8, at 9 AM.

Under the Criminal Code, the test for mischief is: Mischief

  • 430 (1) Every one commits mischief who wilfully
  • (a) destroys or damages property;
  • (b) renders property dangerous, useless, inoperative or ineffective;
  • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

If found guilty, the possible sanctions he might face are:

(4) Every one who commits mischief in relation to property, other than property described in subsection (3),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
  • (b) is guilty of an offence punishable on summary conviction.

If Ken was the individual who threw the beer, then it's likely he will be convicted of Mischief based on the stated criteria of the crime. The act clearly interfered with the lawful operation of property. The beer can could have injured Orioles' outfielder Hyun Soo Kim, in addition to embarrassing millions of Canadians.

In addition to Ken's criminal matter, he might suffer consequences from his actions in other capacities.

Ken is no longer working for Postmedia Network Inc., a Canadian media company headquartered in Toronto. It is unclear if this has any connection to the beer can throwing incident.

Additionally Ken also faces the prospect of being permanently banned from attending games at the Rogers Centre. As a Blue Jay fanatic, this might be even worse for him than any legal sanction he might experience.

Lastly, the greatest punishment Ken will suffer from is that here on out, he will be forever associated with this incident.

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