TORONTO (CBS/AP) — The lawyer for a man accused of throwing a banana at a black NHL player says his client deeply regrets what he did and had no idea his actions could be seen as racist.

Lawyer Faisal Joseph says Chris Moorhouse was caught up in the drama of a tense game featuring his favorite hockey team and threw the banana at the Philadelphia Flyers’ Wayne Simmonds in hopes of preventing the winning goal. The Detroit Red Wings won in a shootout.

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The lawyer says Moorhouse is “mortified” and deeply remorseful.

Moorhouse fears the reputation of his family and hometown have been clouded.

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He has been charged under Ontario’s Trespass to Property Act and faces a maximum fine of $2,000. Police say Moorhouse’s actions do not meet the test for a hate crime or mischief charge.

Simmonds is in his first season with the Flyers after spending his entire career with the Los Angeles Kings.

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