No way he did it maliciously.
As Bingo said, the late feet movement dance to his right shows even if he did see the ref he wasn't expecting him to be in his way.
Brodie was jumping on the ice, he wanted off as he was already behind the play.
His hands up with his stick is typical hockey player defensive position when you're gonna run into something or someone.
The shove at the end is what gets him the suspension. How many times have you been breaking up the wing and the puck get caught in the linesmens skates and you curse either under your breath or heard some players curse at him. I think at the factors leading up would lead to the accidental contact turning into a "Get the F outta the way" kinda thing.
He needs to get 5 games , because its a ref, because he needs to be in control and aware, and because there's no previous history to suggest this was anything but a crappy situation.
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