A Canadian man was convicted of animal cruelty on Monday after he abducted a flamingo named Peachy from its enclosure at the famous Flamingo hotel in Las Vegas.
According to the indictment, Mitchell Fairbarn, a visitor from Ontario, Canada, caused pain and distress to the 27-year-old Chilean flamingo when he seized it from its habitat at the Flamingo Las Vegas Hotel and Casino and carried the squawking bird back to his room on March 3.
Prosecutors described the act as a malicious prank, while defense attorney Josh Tomsheck insisted his client had acted foolishly while drunk and never intended to harm the bird. After about five hours of deliberation, the jury found Fairbarn guilty of felony and misdemeanor animal cruelty.
Fairbarn is now under house arrest awaiting sentencing on Dec. 1. He faces up to four years in prison for the felony count and a possible additional six months for the misdemeanor. After the verdict, Fairbarn declined to comment as he left the courtroom with his wife, showing little visible emotion. His lawyer also declined to comment.
According to veterinarian Tiffany Moore, chief medical director of Lone Mountain Animal Hospital, the flamingo suffered no serious injuries in the incident but was more anxious and fearful when examined afterward. Prosecutors told the jury that Fairbarn intentionally inflicted physical pain on the bird, citing bird feathers found on the hotel floor as evidence. Video captured the bird crying out as Fairbarn handled it, and prosecutors argued that Peachy felt pain when its leg was pulled.
During the trial, video was shown of Fairbarn cradling the flamingo in an elevator and carrying it along the corridors of the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat is also home to hummingbirds, turtles, koi and other species.
After security staff reported that someone had taken the flamingo, Las Vegas police arrived at the scene. When Peachy was found, the bird had lost seven to eight feathers, had blood on its plumage and had an injury to its wing.
Defense attorney Tomsheck acknowledged that taking the bird was "stupid" and "drunk," but stressed that his client had no intent to harm the animal — a key element of the felony charge. "He shouldn't have done it, shouldn't have gone into the enclosure, shouldn't have touched the bird, shouldn't have brought Peachy inside," Tomsheck said. "The fact is Mitch was drunk. Mitch was stupid. He made bad decisions."
In court, Fairbarn at times bowed his head and covered his eyes with his hands. According to Clark County prosecutor Haley Willming, Fairbarn received death threats after taking the bird and was unable to leave the United States when his father died while he awaited trial. Although those events were unfortunate, the prosecutor said: "None of that happens if he doesn't do what he did, doesn't make the choices that he made."
The jury began deliberating shortly before noon after closing arguments ended on Monday morning. John Waudby, a Nevada animal rights activist who recently helped strengthen the state's animal cruelty laws, expressed confidence that justice had been done on Peachy's behalf. "I hope this sends a message to anyone who wants to touch our animals that you can't do that in Nevada," he said outside the courtroom after Monday's verdict.
