Canadian Tourist Guilty in Las Vegas Flamingo Cruelty Case

A Clark County jury has found a Canadian tourist guilty of animal cruelty for taking a flamingo from a Las Vegas Strip resort. Mitchell Fairbarn, 34, of Ontario, was convicted Monday of one felony count and one misdemeanor count. Jurors deliberated for about five hours.

The bird, a 27-year-old Chilean flamingo named Peachy, lives in the wildlife habitat at the Flamingo Las Vegas Hotel & Casino. Fairbarn testified that he had drunk 30 to 40 beers before the March 3 incident. Sentencing is set for December 1. The felony count carries a maximum of four years in prison.

Charges Narrowed as Defense Blames Drinking in Flamingo Trial

After his arrest in March, Fairbarn faced four counts of animal cruelty. Prosecutors later took only two counts to trial, both involving Peachy. One count covered his actions in the habitat, and the other covered what happened in his hotel room.

District Judge Jacqueline Bluth presided over the weeklong trial. During the trial, prosecutors described the incident as "a malicious prank." Defense attorney Josh Tomsheck argued that his client never meant to hurt the bird. "Mitch was drunk. Mitch was stupid. He made bad decisions," Tomsheck told jurors. Prosecutor Haley Willming rejected that argument. She argued that Peachy's injuries would not have occurred "had he not made the choices he made."

Feather Trail, Injuries, and Fairbarn's 'Joke' Testimony

Surveillance video showed Fairbarn entering the habitat around 5 a.m. on March 3. He grabbed Peachy and carried the bird to his hotel room. Officers later followed a trail of feathers to the hotel's 14th floor.

When police recovered the flamingo, it was missing seven or eight feathers. It also had wing injuries and blood on its feathers.

Peachy's veterinarian, Tiffany Moore, testified that the bird has since recovered physically. She added, however, that Peachy now appears more anxious during evaluations.

Fairbarn told jurors he expected the incident to become a lasting joke. "I thought it was something that we could joke about for the rest of our lives," he testified. Under cross-examination, he acknowledged that Peachy had been hurt.

What's Next: Sentencing, House Arrest, and No Trip Home

Fairbarn will remain under house arrest until his December 1 sentencing hearing. The misdemeanor count could extend any prison term by up to six months.

Fairbarn surrendered his passport after posting bail in March. As a result, he has not been able to return to Canada since his arrest. A judge previously denied Fairbarn's request to change the terms of his release. The court found that he posed a flight risk because he has no ties to Nevada. At the time of the incident, Fairbarn was in Las Vegas for a work conference.

Caesars Entertainment owns the Flamingo and its wildlife habitat. In March, the company said veterinarians and its animal care team were treating Peachy.