A Canadian tourist was convicted of felony and misdemeanor animal cruelty charges after removing a flamingo from its habitat at the Flamingo Las Vegas Hotel and Casino. Prosecutors said the bird, a 27-year-old Chilean flamingo named Peachy, was injured during the March 3 incident. Surveillance video showed the man carrying the bird through the hotel, including inside an elevator, before taking it to his room. He remains under house arrest while awaiting sentencing on December 1.
Article Subheadings
| 1) | Tourist convicted in flamingo case |
|---|---|
| 2) | Surveillance footage documented the incident |
| 3) | Peachy suffered injuries and remains anxious |
| 4) | Defense cited intoxication and lack of intent |
| 5) | Sentencing is scheduled for December |
Tourist convicted in flamingo case
Mitchell Fairbarn, of Ontario, Canada, was found guilty Monday after jurors deliberated for about five hours in Las Vegas. The case arose from an early-morning incident on March 3 at the Flamingo Las Vegas Hotel and Casino, one of the oldest resorts on the Las Vegas Strip. Prosecutors said Fairbarn entered the resort’s wildlife habitat, removed Peachy from the enclosure and carried the bird to his hotel room.
Authorities became involved after hotel security reported that the flamingo was missing. Prosecutors pursued felony and misdemeanor animal cruelty charges, arguing that Fairbarn’s conduct caused pain and injury. The jury’s verdict established criminal responsibility, while the final penalties will be determined at sentencing.
Surveillance footage documented the incident
Video presented at trial showed Fairbarn holding Peachy in an elevator and carrying the bird along a hotel hallway. The footage captured the unusual movement of the flamingo through the property after it had been removed from the habitat. Prosecutors also pointed to footage showing Fairbarn pulling the bird by its feet, as well as feathers found on the hotel floor.
Police said the incident occurred at about 5 a.m. Fairbarn allegedly took Peachy to a room on the 14th floor, where authorities later located the bird. The evidence was used to explain how the flamingo was removed, transported through the resort and recovered by investigators.
Peachy suffered injuries and remains anxious
When Peachy was found, the flamingo was missing seven or eight feathers, had blood on its feathers and had injuries to its wings. The bird was taken for veterinary treatment after police recovered it. The resort’s habitat also houses turtles, koi fish and other animals, raising concerns about the effect of the incident on the other animals in the enclosure.
Tiffany Moore, medical director of Lone Mountain Animal Hospital, said Peachy is doing well physically. However, the flamingo remains more anxious than before during veterinary examinations. The medical observations were presented as part of the case’s account of the bird’s condition after the encounter.
Defense cited intoxication and lack of intent
Fairbarn’s defense attorney, Josh Tomsheck, acknowledged that his client entered the habitat and took the bird, but argued that he did not intend to injure Peachy. The defense attributed the conduct to intoxication and poor judgment rather than a deliberate effort to cause harm.
“He should not have done that, should not have gone into the habitat, shouldn’t have touched a bird, shouldn’t have taken Peachy inside. The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Prosecutors countered that the consequences followed from choices Fairbarn made that night. Clark County prosecutor Haley Willming argued that the injury, criminal case and related consequences would not have occurred without the conduct at the hotel.
“None of that would have happened had he not done what he did, had he not made the choices he made.”
Sentencing is scheduled for December
Fairbarn remains under house arrest pending a December 1 sentencing hearing. He faces up to four years in prison on the felony conviction and an additional six months for the misdemeanor offense. The sentencing court will determine the punishment after considering the convictions and the circumstances established during the trial.
Prosecutors also acknowledged that Fairbarn received death threats after the incident and could not return to Canada while the case was pending, including when his father died. The prosecution maintained that those consequences were connected to his actions, while the defense had emphasized his intoxication and lack of intent.
Key Points
| Number | Key Point |
|---|---|
| 1 | Mitchell Fairbarn was convicted of felony and misdemeanor animal cruelty charges. |
| 2 | Peachy was removed from a Las Vegas hotel habitat and taken to a 14th-floor room. |
| 3 | The flamingo had missing feathers, blood on its feathers and wing injuries. |
| 4 | Sentencing is set for December 1, with prison time possible. |
Summary
The conviction concludes the trial over Peachy’s removal from the Flamingo Las Vegas habitat and the injuries prosecutors said followed. Video evidence, police findings and veterinary observations formed the central elements of the case. Fairbarn’s sentence will be determined at the December hearing, with the court facing a potential prison term for the animal cruelty convictions.
Frequently Asked Questions
What happened to Peachy?
Peachy was removed from the Flamingo Las Vegas wildlife habitat and taken to a hotel room. The bird was later found with missing feathers, blood on its feathers and wing injuries.
What was Mitchell Fairbarn convicted of?
Mitchell Fairbarn was convicted of felony and misdemeanor animal cruelty charges after a trial in Las Vegas.
When will Fairbarn be sentenced?
Fairbarn is scheduled to be sentenced on December 1. He faces up to four years in prison on the felony conviction and an additional six months for the misdemeanor offense.