A jury found Mitchell Fairbarn, 34, guilty of animal cruelty on Monday for stealing a flamingo named "Peachy" from the Flamingo Hotel and Casino in Las Vegas. The conviction followed an incident on March 3 where Fairbarn, a Canadian tourist, took the bird from its habitat, reportedly after consuming between 30 and 40 beers.
Fairbarn testified that he was in Las Vegas for a work trip and that he took the flamingo as a "silly joke," intending to make a lifelong memory. Video evidence presented in court showed Fairbarn laughing and holding the bird by its neck. He claimed he did not intend to harm the animal and that "If he wanted to kill Peachy, Peachy would be dead," according to his defense attorney, Joshua Tomsheck, who described his client as a "moron."
However, a facilities engineer at the hotel discovered "Peachy" injured. Fairbarn admitted in court that the bird was hurt and stated, "I’m taking responsibility," though he denied knowing how the bird's feathers became damaged.
The jury deliberated for five hours before reaching a verdict on one count of felony and misdemeanor animal cruelty. Fairbarn is scheduled for sentencing on December 3.