LAS VEGAS — A jury convicted a Canadian man of animal cruelty charges on Monday afternoon for snatching a flamingo named Peachy from its enclosure at an iconic Las Vegas hotel in what prosecutors called a drunken and malicious act.
Prosecutors said tourist Mitchell Fairbarn harmed the bird at the Flamingo Las Vegas Hotel and Casino when he took it to his room on March 3. The man’s defense attorney had told jurors at trial in a Nevada court that the man committed a foolish act while intoxicated but he intended no harm to the bird.
Jurors returned convictions on felony and misdemeanor animal cruelty counts against the tourist from Ontario, Canada. Fairbarn remained in custody pending a Dec. 1 sentencing hearing. He faces up to four years in prison for the felony plus six months of jail time for the misdemeanor conviction.
Since then the incident, the 27-year-old Chilean flamingo has been doing all right physically but is more anxious and nervous when being evaluated, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital.
Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway at the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat also includes hummingbirds, turtles, koi and other species.
Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor. Video showed the bird squawking while Fairbarn handled it and prosecutors said Peachy felt pain when it was pulled by its feet.
Las Vegas police responded to the scene after security staff reported someone had stolen the flamingo. When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said.
Taking the bird was “dumb” and “fueled by drunkenness,” defense attorney Josh Tomsheck said. But Tomsheck added that his client never intended to hurt the bird, a key element in the felony charge.
“He should not have done that, should not have gone into the habitat, shouldn’t have touched a bird, shouldn’t have taken Peachy inside,” Tomsheck said. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Fairbarn could be seen in court at one point with head lowered, hands covering his eyes.
The man had received death threats after taking the flamingo, and he was unable to leave the U.S. when his father died while Fairbarn was awaiting trial, said Clark County prosecutor Haley Willming. While those events were unfortunate, the prosecutor said, “none of that would have happened had he not done what he did, had he not made the choices he made.”
Jurors began deliberating shortly before midday after closing arguments were presented Monday morning.
Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said he believes justice was delivered on Peachy’s behalf.
“I hope this sends a message to anybody else that wants to mess with our animals, that you’re not going to do it in Nevada,” he said outside the courtroom after Monday’s verdict.
