I thought it was him myself. He's clearly drinking out of a plastic cup but he could've had the that in his other hand. I'm guessing the police have some better video from surveillance cameras or something.
He isn't going to jail for tossing a beer can that didn't hit anyone. At most, he does a little community service, possibly probation and a lifetime ban from the RC.
Anyone who thinks this place has a hive mind has clearly never entered the Orioles Hangout. Mods must be f***ing with that poll, no way that s***'s for real.