A Canadian tourist made headlines earlier this year after he was accused of grabbing a flamingo from its habitat at a Las Vegas Strip resort and bringing it back to his hotel room. Now, a jury has decided his fate.
Mitchell Fairbarn of Ontario was found guilty of animal cruelty on Monday for taking a flamingo named Peachy from the Flamingo Las Vegas Hotel and Casino. He now faces the possibility of years behind bars.
Peachy Taken From Habitat
Authorities said that in the early morning hours of March 3, Fairbarn entered the flamingo habitat at the Flamingo and took Peachy back to his room.
Video played during the trial showed Fairbarn holding the bird in an elevator and carrying it down a hotel hallway. Prosecutors also noted that feathers were found on the hotel floor and that the video showed the bird squawking as he handled it.
When police found Peachy, the 27-year-old Chilean flamingo was missing seven to eight feathers, had blood on its feathers, and had injuries to its wings, according to The Associated Press.
Peachy is now doing okay physically after the incident. However, a veterinarian testified that the bird has been more anxious and nervous during evaluations.
‘It Was Fueled by Drunkenness’
During the trial, Fairbarn’s attorney, Joshua Tomsheck, argued that his client was drunk and never intended to hurt the bird.
“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 said, via the Las Vegas Review-Journal. “What we’re saying is that it was dumb. It was fueled by drunkenness.”
Prosecutors, on the other hand, painted a much different picture.
“Peachy was the subject of him and his friends’ amusement,” Chief Deputy District Attorney Haley Willming said. “Peachy was the subject of his big joke.”
Guilty Verdict
After about five hours of deliberations, jurors found Fairbarn guilty of one felony count and one misdemeanor count of animal cruelty. He could face up to 4 1/2 years behind bars.
Fairbarn’s sentencing is scheduled for Dec. 1, and he will remain on house arrest until then. He has been unable to leave the U.S. since the incident, and his father died while he was awaiting trial.
John Waudby, founder of Nevada Animal Advocates, called the verdict a win for supporters of “Reba’s Law,” a bill signed by Gov. Joe Lombardo last year that toughened penalties for animal cruelty in the state.
Needless to say, it was an extremely costly trip to Las Vegas.
