A Nevada jury convicted a Canadian tourist on Monday of felony and misdemeanor animal cruelty charges. He snatched a 27-year-old Chilean flamingo named Peachy from a hotel exhibit on the Las Vegas Strip and carried the bird to his room.
Mitchell Fairbarn, 34, of Ontario, remained in custody following the verdict delivered at the Regional Justice Center. His sentencing is scheduled for Dec. 1. The felony conviction carries a potential prison sentence of up to four years, while the misdemeanor charge carries up to six months in jail.
The incident occurred during the early morning hours of March 3. Prosecutors presented surveillance footage, photographs, and Snapchat clips during the trial. These showed Fairbarn and two friends smiling and laughing as he grabbed the flamingo by the neck inside the wildlife habitat at the Flamingo Las Vegas Hotel. Additional footage showed Fairbarn carrying the bird into an elevator and walking down a hotel hallway.
Trial Testimony and Defense Arguments
During the trial, which featured testimony from 14 witnesses and more than 112 pieces of evidence, Fairbarn took the stand in his own defense. He testified that he had consumed between 30 and 40 beers over a 24-hour period while visiting Las Vegas for a construction expo. He claimed he took the bird as a drunken, silly prank and insisted he never intended to cause it harm.
"I thought it would be, at the time, funny," Fairbarn told the court. "I thought it was something that we could joke about for the rest of our lives."
His defense attorney, Joshua Tomsheck, conceded that his client made severe mistakes while heavily intoxicated. However, he argued that a lack of malicious intent meant the felony charge was unwarranted.
"He should not have done that, should not have gone into the habitat, shouldn’t have touched a bird, shouldn’t have taken Peachy inside," Tomsheck said following the verdict. "The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions."
Condition of the Flamingo
Hotel staff and animal experts detailed the physical and psychological toll the incident took on the animal, known as Peachy. A hotel facilities engineer searching for the bird eventually cornered it in a hallway with a towel, noting that the animal was visibly shaking and bleeding.
A treating veterinarian testified that Peachy suffered seven to eight missing feathers, broken feather shafts, and blood loss consistent with physical trauma. The bird required antibiotics, anti-inflammatory medication, and weeks of pain management.
Dr. Tiffany Moore, medical director of the Lone Mountain Animal Hospital, stated during evaluations that while Peachy has recovered physically from the ordeal, the animal now displays increased anxiety and nervousness around humans.
Legal Fallout and Restrictions
Fairbarn has remained in the United States under house restrictions and surrendered his passport as part of his bail conditions following his initial arrest in March. Animal advocates praised the jury’s decision after hours of deliberation by a panel consisting of eight women and six men.
John Waudby, a Nevada animal rights advocate who helped strengthen the state’s animal protection laws, told reporters outside the courthouse that the verdict sends a clear signal regarding the protection of local wildlife.
"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," Waudby said.
