Basically, because it was within reach of whisky-soaked LaBoef's grasp, although Shia claimed that Cuming winked at him, which Judge AKSARBENT finds entirely plausible and will take into account.
Actually the context (see second video) of LaBeof's misbehavior makes his drunken, antic and uninvited participation quite a bit more understandable than, say, Lindsy Lohan's various escapades.
Context:
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