Fairbarn remains under house arrest pending a December 1 sentencing hearing
A Nevada jury on Monday convicted Mitchell Fairbarn, a Canadian tourist from Ontario, of felony and misdemeanor animal cruelty counts for removing Peachy from the Flamingo Las Vegas Hotel and Casino. The Canadian tourist took the flamingo from the hotel’s habitat on March 3, and the case included video evidence of the removal and accounts of the bird’s injuries.
The central issue at trial was Fairbarn’s intent. Prosecutors said he hurt and frightened Peachy and described the taking as a malicious prank. Tomsheck said Fairbarn was intoxicated and never intended to harm the bird, which the felony charge made a key element.
Tomsheck told jurors that Fairbarn deeply regretted his decisions and should not have entered the habitat, touched the bird or taken Peachy inside. He said: “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Security staff reported that someone had taken Peachy, and Las Vegas police responded. When the flamingo was located, authorities said Peachy had injuries to its wings, blood on its feathers and was missing seven to eight feathers.
Fairbarn carried the squawking bird to his room. Video played at the trial showed him holding Peachy in an elevator and carrying the bird down a hotel hallway. Prosecutors also noted that feathers had been found on the hotel floor and said Peachy felt pain when the bird was pulled by its feet.
Peachy was a 27-year-old Chilean flamingo. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its flamingo habitat also features hummingbirds, turtles, koi and other species.
Jurors began deliberating shortly before midday on Monday after closing arguments that morning. About five hours later, they returned convictions on the felony and misdemeanor animal cruelty counts. At one point in court, Fairbarn was seen with his head lowered and his hands covering his eyes.
Fairbarn remains under house arrest pending a sentencing hearing set for December 1. He faces up to four years in prison for the felony conviction and possibly six more months for the misdemeanor conviction. He declined to comment as he left the courtroom with his wife and showed no visible emotion. Tomsheck also declined to comment.
After the incident, Peachy was mostly unharmed but was more anxious and nervous when evaluated, veterinarian Tiffany Moore said. Moore is the medical director of Lone Mountain Animal Hospital.
Clark County prosecutor Haley Willming said Fairbarn had received death threats after taking the flamingo and was unable to leave the United States when his father died while Fairbarn was awaiting trial. Willming said that “none of that would have happened had he not done what he did, had he not made the choices he made.”
Nevada animal rights advocate John Waudby, who had recently helped strengthen the state’s animal cruelty laws, said he believed justice had been delivered on Peachy’s behalf. “I hope this sends a message to anybody else that wants to mess with our animals, that you’re not going to do it in Nevada,” he said outside the courtroom.