Canadian Tourist Convicted of Animal Cruelty After Taking Flamingo from Las Vegas Hotel
Mitchell Fairbarn was found guilty of felony and misdemeanor animal cruelty for removing a flamingo from its enclosure at the Flamingo Las Vegas Hotel, and remains under house arrest pending sentencing.
A Canadian tourist was convicted on Monday of both felony and misdemeanor animal-cruelty charges after he removed a 27-year-old Chilean flamingo named Peachy from its habitat at the Flamingo Las Vegas Hotel and Casino. Prosecutors said the bird was frightened and injured when Fairbarn, who had been drinking heavily, carried it to his hotel room on March 3.
Jurors deliberated for about five hours before returning guilty verdicts, after reviewing more than 100 exhibits and hearing testimony from 14 witnesses. Fairbarn, an Ontario resident, is being held under house arrest while a sentencing hearing is scheduled for Dec. 1. He faces up to four years in prison for the felony count and an additional six months for the misdemeanor.
"I swear to god, I will f*** one more time," Fairbarn was heard saying in a video shown to the jury, according to prosecutors.
The bird’s veterinarian, Tiffany Moore of Lone Mountain Animal Hospital, said Peachy is physically recovering but remains anxious after the incident. Police reported that the flamingo was found with missing feathers, blood on its plumage and wing injuries.
Fairbarn’s attorney, Josh Tomsheck, told the court that his client deeply regretted his actions and that the incident was a result of intoxication, not an intention to harm the animal. He emphasized that Fairbarn did not intend to torture the bird.
"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.
Nevada animal-rights advocate John Waudby, who has worked on strengthening the state’s animal-cruelty statutes, said the verdict sends a clear message that such conduct will not be tolerated in Nevada.