A Las Vegas jury on Monday convicted a Canadian tourist on animal cruelty charges. Prosecutors established that he snatched a flamingo named Peachy from its enclosure at the Flamingo hotel and brought the bird to his hotel room during a March trip.
Following roughly five hours of deliberations, the jury of eight women and six men found 34-year-old Mitchell Fairbarn of Ontario, Canada, guilty on one felony count and one misdemeanor count of cruelty to animals. Fairbarn remained in custody following the verdict and is scheduled to be sentenced on Dec. 1.
Incident Details and Trial Arguments
The incident occurred in the early morning hours of March 3. Prosecutors presented surveillance footage, photographs, and Snapchat clips. These showed Fairbarn smiling, laughing, and grabbing the flamingo by the neck alongside two friends. Additional footage displayed Fairbarn carrying the bird into an elevator and down a hotel hallway.
Chief Deputy District Attorney Haley Willming and Alex Chen argued that Fairbarn willfully caused the bird physical pain as part of a malicious prank. Prosecutors noted that Peachy was found missing seven to eight feathers, with blood on its feathers and injuries to its wings. Feathers were also recovered from the hotel room floor.
Testifying in his own defense, Fairbarn admitted he had no valid reason to enter the enclosure or grab the bird. However, his defense attorney, Joshua Tomsheck, maintained that the actions resulted from extreme intoxication. He claimed his client consumed between 30 and 40 beers, rather than an intentional design to harm, maim, or kill the animal.
“If he was an evil guy and that was his design and his plan and if he wanted to kill Peachy, Peachy would be dead,” Tomsheck told the court during closing arguments. “What we’re saying is that it was dumb. It was fueled by drunkenness.”
Impact on the Animal
Peachy’s veterinarian, Dr. Tiffany Moore, medical director of Lone Mountain Animal Hospital, testified that while the flamingo recovered physically, the bird has exhibited increased anxiety and nervousness during evaluations since the incident.
Nevada animal rights advocate John Waudby expressed approval outside the courtroom following the verdict. “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.
Fairbarn faces up to four years in prison for the felony conviction and up to six months for the misdemeanor count.
