A Canadian tourist was convicted on Monday of animal cruelty charges after snatching a 27-year-old Chilean flamingo named Peachy from its habitat at the Flamingo Las Vegas Hotel and Casino. Following roughly five hours of deliberations, a Nevada jury found Mitchell Fairbarn of Ontario, Canada, guilty on both felony and misdemeanor animal cruelty counts.
Prosecutors argued during the trial that Fairbarn willfully caused the bird physical pain and frightened it during the March 3 incident, pointing to video footage of the squawking bird being handled and noting that feathers were left scattered on the hotel floor. Testimony and evidence presented in court showed that Fairbarn, who was in Las Vegas for a work event at the Con Expo, had consumed between 30 and 40 beers over a 24-hour period before entering the enclosure.
Video played for jurors captured Fairbarn holding the flamingo inside an elevator and carrying it down a hotel hallway. Authorities stated that when Peachy was recovered, the animal was missing seven to eight feathers, had blood on its plumage, and sustained injuries to its wings. The bird spent approximately 15 minutes with Fairbarn, including two to three minutes inside his hotel room, before being released back into the hallway.
Defense attorney Josh Tomsheck told jurors that his client’s actions were the result of drunken foolishness and deeply regretted bad decisions, rather than a malicious intent to harm the animal. Fairbarn testified that he grabbed the bird simply to bring it to his hotel room to show friends. During court proceedings, Fairbarn could be seen with his head lowered and hands covering his eyes, and he broke down while testifying.
Clark County prosecutor Haley Willming noted during the trial that Fairbarn had faced personal hardships while awaiting legal proceedings, including receiving death threats and being unable to leave the United States to attend his father’s funeral. However, prosecutors emphasized that those consequences stemmed directly from his initial actions.
Veterinarian Tiffany Moore, medical director of Lone Mountain Animal Hospital and Peachy’s medical evaluator, testified that while the flamingo is recovering physically, it has exhibited increased anxiety and nervousness during evaluations.
John Waudby, a Nevada animal rights advocate who helped strengthen the state’s animal cruelty legislation, praised the verdict outside the courtroom, stating he hoped it would deter others from harming animals in the state.
Fairbarn remains under house arrest pending his sentencing hearing, which is scheduled for Dec. 1. He faces a maximum sentence of up to four years in prison for the felony conviction and an additional six months for the misdemeanor count. Following the verdict, Fairbarn declined to comment as he left the courtroom with his wife.
