Canadian Man Convicted of Animal Cruelty After Stealing Flamingo from Las Vegas Hotel
Mitchell Fairbarn faces up to four years in prison for taking 'Peachy' the flamingo from its enclosure after consuming a large quantity of alcohol.
A Canadian tourist has been convicted of animal cruelty charges in Las Vegas after he snatched a flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino and took it to his hotel room. Mitchell Fairbarn, 34, was found guilty of felony and misdemeanor animal cruelty counts on Monday.
Prosecutors argued that Fairbarn's actions on March 3 were a malicious prank that caused the 27-year-old Chilean flamingo physical pain and distress. The defense contended it was an act of drunken foolishness without intent to harm the bird.
Fairbarn testified that he had consumed between 30 and 40 beers on March 2 and early on March 3 before entering the hotel's wildlife habitat around 5 a.m. He stated he noticed a bird with uneven wings and, despite acknowledging he shouldn't have entered the enclosure, picked up Peachy to take a photograph as part of a "silly prank." He admitted to carrying the bird to his hotel room for a few minutes before leaving it in the hallway, intending to return it. He was arrested by police shortly after.
During the trial, Fairbarn maintained that he did not notice any injuries or blood on himself or the bird when he handled Peachy. He stated he removed his shirt to wrap around the bird to avoid startling other flamingos as he left the habitat. Video footage played in court showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway.
Evidence presented by prosecutors included a "large bloody feather" found on the hotel floor and claims from animal control that Peachy suffered a wing injury. A veterinarian reported that the flamingo, while recovering physically, has become more anxious since the incident.
Following approximately five hours of deliberation, the jury returned the guilty verdicts. Fairbarn remains under house arrest pending a sentencing hearing scheduled for December 1. He faces a potential sentence of up to four years for the felony charge and an additional six months for the misdemeanor conviction.
Fairbarn, an Ontario businessman, was in Las Vegas to attend the ConExpo construction exhibition. His defense attorney, Josh Tomsheck, emphasized that Fairbarn deeply regretted his actions, attributing them to intoxication and poor decision-making. Tomsheck told jurors that while the act was "dumb" and "fuelled by drunkenness," his client never intended harm.
Clark County prosecutor Haley Willming noted that despite unfortunate subsequent events for Fairbarn, including death threats and being unable to attend his father's funeral, these consequences stemmed directly from his initial actions.
An animal rights advocate, John Waudby, expressed satisfaction with the verdict, hoping it sends a clear message against mistreating animals in Nevada.
Sources
- www.dailymail.com - Tourist who snatched a Vegas hotel's flamingo and took it back to his room after drinking '30-40 beers' is convicted of animal cruelty
- www.dailymail.com - Tourist who snatched a Vegas hotel's flamingo and took it back to his room after drinking '30-40 beers' is convicted of animal cruelty