Tourist Took a Flamingo to His Hotel Room. A Jury Convicted Him of Animal Cruelty

Peachy the flamingo was taken out of a Las Vegas hotel habitat and carried to a guest’s room. The tourist who took him has now been convicted of animal cruelty.

A jury found Mitchell Fairbarn guilty October 19 of felony and misdemeanor animal-cruelty charges stemming from the March 3 incident at the Flamingo Las Vegas Hotel and Casino. Fairbarn, a Canadian visitor, remains under house arrest while awaiting sentencing.

The Chilean flamingo survived. Veterinarian Tiffany Moore told the court that Peachy was doing well physically but had become more anxious during examinations, according to Associated Press reporting.

A Bird Removed From Its Habitat

Peachy, a 27-year-old bird, was removed from the hotel’s wildlife habitat in the early morning.

Surveillance footage presented in court followed the encounter beyond the enclosure. Jurors saw Fairbarn with the bird in an elevator and carrying him along a hotel hallway.

According to PEOPLE’s account of the testimony, Fairbarn said he had consumed 30 to 40 beers over the course of a day. He described taking the flamingo as something he thought would be funny and said he wanted to show the animal to friends.

The reporting describes a brief stay in the room before the bird was placed in the hallway. Hotel security contacted police after the animal was taken.

What the Jury Had to Decide

The trial focused on the harm to Peachy and whether Fairbarn had the intent required for a felony conviction.

Prosecutors argued that the handling hurt and frightened Peachy. They pointed to surveillance footage and feathers found on the floor as evidence supporting their account. Police reported injuries to the bird after hotel security alerted them to the theft.

Defense attorney Josh Tomsheck acknowledged that his client made bad decisions while intoxicated. But he argued Fairbarn did not intend to injure the bird and lacked the malicious intent required for the felony allegation.

Fairbarn also denied intending harm when he testified. After approximately five hours of deliberations, jurors found him guilty on both counts.

A December Sentencing Date

KSNV reported October 21 that Nevada Animal Advocates founder John Waudby had created a petition asking Judge Jacqueline Bluth to impose the maximum punishment.

Fairbarn has been unable to return to Canada while the proceedings continue. The defense has described the consequences he experienced while awaiting trial, including threats and being unable to leave the United States when his father died.

His sentencing hearing is scheduled for December 1. Until then, the latest reported order keeps him under house arrest in Las Vegas.

References: Man who took flamingo from Las Vegas hotel exhibit found guilty of animal cruelty | 34-Year-Old Canadian Tourist Convicted for Taking Flamingo from Las Vegas Strip Hotel to His Room as a ‘Silly’ Prank | Canadian man convicted after stealing flamingo from famous Las Vegas hotel | Petition seeks max sentence for Canadian convicted of abusing flamingo in Las Vegas

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