LAS VEGAS — A Nevada jury on Monday convicted Mitchell Fairbarn, a 33‑year‑old tourist from Ontario, Canada, of both felony and misdemeanor animal‑cruelty charges after he removed a 27‑year‑old Chilean flamingo named Peachy from its habitat at the Flamingo Las Vegas Hotel and Casino.
Trial details and verdict
Prosecutors argued that Fairbarn’s actions were a malicious prank that caused the bird physical pain. Video evidence presented at trial showed the flamingo squawking while Fairbarn held it in an elevator and carried it down a hotel hallway. Feathers were later found on the hotel floor, and the bird was discovered with missing plumage, blood‑stained feathers and wing injuries.
After roughly five hours of deliberation, jurors returned guilty verdicts on both the felony count and a misdemeanor count. Fairbarn is now under house arrest while he awaits a sentencing hearing scheduled for Dec. 1. He faces up to four years in prison for the felony charge and an additional six months for the misdemeanor.
Defense’s explanation
Defense attorney Josh Tomsheck told the court that Fairbarn deeply regretted his “bad decisions” while intoxicated. He described the incident as “dumb” and “fueled by drunkenness,” emphasizing that his client never intended to harm the bird. “He was drunk. He was stupid. He made bad decisions,” Tomsheck said.
Fairbarn left the courtroom with his head lowered and his hands covering his eyes, showing no visible emotion. His lawyer declined to comment further.
Impact on Peachy and community response
Veterinarian Tiffany Moore, medical director of Lone Mountain Animal Hospital, said Peachy is physically recovering but remains anxious and nervous during evaluations. The Flamingo Las Vegas Hotel’s iconic habitat, which also houses hummingbirds, turtles and koi, has long been a beloved attraction on the Strip.
Local animal‑rights advocate John Waudby, who recently helped strengthen Nevada’s animal‑cruelty statutes, praised 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,” he said outside the courtroom.
Additional context
Fairbarn’s case attracted significant public attention, including death threats directed at him after the incident. He was also unable to travel abroad when his father passed away while he awaited trial, according to Clark County prosecutor Haley Willming. The prosecutor noted that none of those hardships would have occurred had Fairbarn not taken the flamingo.
The Flamingo Las Vegas Hotel, one of the oldest properties on the Las Vegas Strip, continues to operate its wildlife exhibit while working with local authorities to ensure the safety of its animals.
Original reporting: Allentown News – 6abc Philadelphia — read the source article.
