Canadian Tourist Convicted After Taking Flamingo From Las Vegas Hotel

The Big Picture

A Las Vegas jury has found Canadian tourist Mitchell Fairbarn guilty of felony and misdemeanor animal-cruelty charges after he took Peachy, a Chilean flamingo, from an enclosure at the Flamingo Las Vegas Hotel and Casino in March.

The verdict, returned Monday, followed a trial centered on video of Fairbarn carrying the bird through the hotel and testimony about Peachy's injuries. The bird has largely recovered physically, but a veterinarian said Peachy is now more anxious around people.

Fairbarn faces nearly five years of potential incarceration. NBC News reported that the felony conviction carries up to four years in prison and the misdemeanor conviction carries up to six months in jail.

What Happened

Prosecutors said Fairbarn took Peachy from the Flamingo's wildlife habitat on March 3 and brought the bird toward his hotel room. The hotel, on the Las Vegas Strip, has a free-to-visit habitat with Chilean flamingos as well as other birds, fish and turtles.

Video presented at trial showed Fairbarn holding Peachy in an elevator and carrying the flamingo down a hotel hallway, according to NBC News. The BBC reported that he carried the bird by its neck.

Prosecutors said Fairbarn caused Peachy physical pain. Video showed the bird squawking while it was being handled, and prosecutors said the flamingo was pulled by its feet, NBC reported.

When Peachy was found, the bird was missing seven to eight feathers, had blood on its feathers and had wing injuries, according to NBC. Animal experts also testified that feathers had been torn out and that Peachy suffered blood loss, the BBC reported.

What Each Side Is Saying

Fairbarn's attorney, Josh Tomsheck, acknowledged that his client should not have entered the habitat or taken Peachy inside the hotel. But the defense argued that Fairbarn was heavily intoxicated and had not intended to hurt the flamingo, an issue central to 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.”

The BBC reported that Fairbarn testified he had consumed 30 to 40 beers before the incident and believed taking Peachy would be “funny.” His lawyer described the episode as an intended prank, rather than an effort to harm the bird.

Prosecutors characterized the conduct as a drunken and malicious act. Clark County prosecutor Haley Willming said Fairbarn had received death threats after the incident and was unable to leave the United States when his father died while he awaited trial, NBC reported. Those consequences were unfortunate, Willming said, but stemmed from his own choices.

Background

Peachy is a 27-year-old Chilean flamingo, according to NBC News. Tiffany Moore, the medical director of Lone Mountain Animal Hospital and Peachy's veterinarian, said the bird is doing well physically but has become more nervous during evaluations.

The BBC, citing CBS, reported that jurors heard from 14 witnesses, examined more than 112 pieces of evidence and deliberated for about five hours before reaching a verdict.

Reports differ on Fairbarn's age and his status before sentencing. NBC identified him as 27 and reported that he remained in custody. The BBC identified him as 34 and reported that he was under house arrest in Las Vegas.

What Happens Next

Sentencing is scheduled for Dec. 1, according to NBC News. Fairbarn was convicted on one felony and one misdemeanor animal-cruelty count.

Nevada animal-rights advocate John Waudby said after the verdict that he hoped the case would deter others from mistreating animals in the state.