A jury in a Nevada court convicted a Canadian tourist on Monday of felony and misdemeanor animal cruelty for taking a flamingo from its habitat at a Las Vegas hotel. Mitchell Fairbarn of Ontario was found guilty of snatching a 27-year-old Chilean flamingo named Peachy from the Flamingo Las Vegas Hotel and Casino on March 3. Prosecutors described the incident as a malicious prank, while the defense argued it was a result of severe intoxication without intent to harm the animal.
The incident occurred while Fairbarn was in Las Vegas for a work event. According to testimony reported by KLAS-TV, Fairbarn told jurors he had consumed between 30 and 40 beers with friends over a 24-hour period. Security footage presented during the trial showed Fairbarn carrying the squawking bird through a hotel hallway and into an elevator. The bird was reportedly in Fairbarn’s possession for approximately 15 minutes and spent two to three minutes in his hotel room before being released into a hallway.
Veterinarian Tiffany Moore testified that although the flamingo is recovering physically, the bird has become more anxious and nervous. Authorities reported that when Peachy was located, the bird was missing seven to eight feathers, had blood on its feathers, and sustained injuries to its wings. Prosecutors noted that feathers were found on the hotel floor and stated the bird experienced pain when pulled by its feet. Defense attorney Josh Tomsheck acknowledged that Fairbarn made "bad decisions" while drunk but argued he lacked the specific intent to torture the animal required for the felony charge.
The scale of the legal proceedings involved 14 witnesses and 112 exhibits reviewed by the jury over approximately five hours of deliberation. Beyond the potential prison time, the legal process has already had an impact on Fairbarn’s life; he was unable to leave the United States to attend his father’s funeral while awaiting trial and reported receiving death threats following the incident. For the Flamingo Las Vegas Hotel and Casino, which maintains a habitat featuring various species including hummingbirds, turtles, and koi, the event resulted in a change to the behavioral health of one of its long-term animal residents.
The case involves how Nevada courts distinguish between "drunken foolishness" and "malicious" cruelty. While the defense argued the act was a prank fueled by alcohol, the jury's decision to convict on the felony count indicates that the evidence met the statutory requirements for cruelty. Fairbarn is scheduled to be sentenced on Dec. 1, at which point the court will determine the specific duration of his incarceration and any associated fines or terms of supervised release.