Canadian Man Faces Trial for Flamingo Theft at Las Vegas Hotel

Prosecutors are arguing that a Canadian visitor maliciously harmed a flamingo at the Flamingo Las Vegas Hotel and Casino when he removed the bird from its enclosure and took it to his hotel room earlier this year. The trial for Mitchell Fairbarn, of Ontario, began with prosecutors presenting evidence on Monday.

Fairbarn faces two counts of felony animal cruelty in Nevada district court. Authorities allege the incident occurred on March 3, when Fairbarn entered the flamingo habitat and took a bird named Peachy. Video footage shown in court depicted Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway.

If convicted of felony animal cruelty, Fairbarn could face up to five years in prison on each count. A conviction for misdemeanor animal cruelty carries a maximum penalty of six months in jail per count.

Prosecutors contend that Fairbarn willfully caused the bird physical pain, citing evidence such as feathers found on the hotel floor and video footage showing the bird squawking while Fairbarn handled it. However, Fairbarn's defense attorney, Josh Tomsheck, argued that his client's actions were a result of intoxication and that no harm was intended, a crucial distinction for the felony charge.

Jurors were expected to begin deliberations following closing arguments on Monday morning. Fairbarn has been unable to leave the United States since the incident.