Canadian man convicted over taking Peachy the flamingo from Las Vegas hotel
A Nevada jury has found Canadian tourist Mitchell Fairbarn guilty of animal cruelty for removing Peachy the flamingo from its habitat at a Las Vegas hotel. Sentencing is set for 1 December.
A Canadian tourist, Mitchell Fairbarn, was convicted in a Nevada court on Monday for taking a flamingo named Peachy from its habitat at the Flamingo Las Vegas Hotel and Casino on 3 March. Jurors returned guilty verdicts on both a felony and a misdemeanor count of animal cruelty. Fairbarn is from Ontario, Canada.
The case against him
Prosecutors said the 27-year-old Chilean flamingo was taken from its enclosure and carried to the man's hotel room, and that the bird was hurt and frightened. They pointed to video showing the bird squawking as Fairbarn handled it, and to feathers found on the hotel floor. According to prosecutors, Peachy felt pain when it was pulled by its feet. Video played at trial also showed Fairbarn holding the flamingo in an elevator and carrying it along a hallway.
Defense attorney Josh Tomsheck told jurors the incident was drunken foolishness and that his client never meant to harm the bird. Intent to cause harm is a key element of the felony charge. He said Fairbarn deeply regretted the bad decisions he made while intoxicated.
The bird's condition and what comes next
Hotel security reported the bird missing, and Las Vegas police responded. When Peachy was found, it was missing seven to eight feathers, had blood on its feathers and had injuries to its wings, authorities said. Veterinarian Tiffany Moore, medical director of Lone Mountain Animal Hospital, said the flamingo was mostly unharmed but is more anxious and nervous when being evaluated.
Fairbarn remains under house arrest until sentencing on 1 December. He faces up to four years in prison for the felony and possibly six more months for the misdemeanor. Clark County prosecutor Haley Willming noted that he had received death threats and could not leave the US when his father died during the wait for trial, but said none of it would have happened had he not made those choices.
Nevada animal rights advocate John Waudby, who recently helped strengthen the state's animal cruelty laws, said he believes justice was delivered on Peachy's behalf.
