Las Vegas – A Nevada district court jury convicted Mitchell Fairbarn, a visitor from Ontario, Canada, of both felony and misdemeanor animal‑cruelty charges after he removed Peachy, a 27‑year‑old Chilean flamingo, from its habitat at the Flamingo Las Vegas Hotel and Casino.
Details of the incident
According to prosecutors, Fairbarn entered the hotel’s flamingo enclosure on March 3 and, while intoxicated, seized the bird and carried it in an elevator to his room. Video shown at trial captured the flamingo squawking as Fairbarn handled it, and feathers were later found scattered on the hotel floor.
When authorities located Peachy, the bird was missing seven to eight feathers, had blood on its plumage, and displayed injuries to its wings. Veterinarian Tiffany Moore, medical director of Lone Mountain Animal Hospital, said Peachy was physically stable but remained anxious and nervous during evaluation. The bird also has a history of arthritis and bumblefoot, an inflammation of the feet.
Legal outcome
The jury returned convictions on both counts. Under Nevada law, a felony animal‑cruelty conviction can carry up to five years in prison per count, while a misdemeanor conviction can result in up to six months per count. Fairbarn’s defense attorney, Josh Tomsheck, acknowledged that his client was drunk and made a foolish decision, but insisted that there was no intent to harm the bird—a key element of the felony charge.
Prosecutor Haley Willming noted that Fairbarn received death threats after the incident and was unable to leave the United States when his father died while he awaited trial. She emphasized that those hardships would not have occurred had Fairbarn not taken the flamingo.
Community reaction
The Flamingo Las Vegas Hotel, one of the Strip’s oldest resorts, features a habitat with Chilean flamingos, hummingbirds, turtles, koi and other wildlife. The incident sparked concern among visitors and animal‑rights advocates, who called for stricter enforcement of wildlife protection rules at tourist venues.
Local law‑enforcement officials responded promptly after hotel staff reported the missing bird. The case underscores the responsibility of both tourists and hospitality venues to safeguard animal exhibits and prevent similar incidents.
What’s next for Peachy?
Peachy remains under the care of Lone Mountain Animal Hospital, where veterinarians continue to monitor the bird’s recovery. While the flamingo is expected to regain strength, the incident serves as a reminder of the delicate nature of wildlife in public settings and the importance of respecting animal welfare laws.
Original reporting: KTNV 13 Action News Las Vegas (local) — read the source article.