A Canadian man was convicted of animal cruelty charges on Monday for snatching a flamingo named Peachy from its enclosure at an iconic Las Vegas hotel. Prosecutors said it was a malicious prank while a lawyer for the tourist insisted it was drunken foolishness not meant to harm the bird. Prosecutors said tourist Mitchell Fairbarn hurt and frightened the 27-year-old Chilean flamingo when he took it from its habitat at the Flamingo Las Vegas Hotel and Casino and carried the squawking bird to his room on 3 March.
Defense attorney Josh Tomsheck told jurors at trial in a Nevada court that the man deeply regretted the “bad decisions” he made while intoxicated. After about five hours of deliberations, jurors returned convictions on felony and misdemeanor animal cruelty counts against the Ontario, Canada, man. Fairbarn remains under house arrest pending a sentencing hearing set for 1 December.
He faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction. Following the verdict, he declined to comment as he left the courtroom with his wife. He showed no visible emotion.
After the incident, the flamingo was mostly unharmed but is more anxious and nervous when being evaluated, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital. Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor. Video showed the bird squawking while Fairbarn handled it and prosecutors said Peachy felt pain when it was pulled by its feet.
Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway at the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat also features hummingbirds, turtles, koi and other species. Peachy was missing some feathers after being taken.
Las Vegas police responded to the scene after security staff reported that someone had taken the flamingo. When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said. Taking the bird was “dumb” and “fueled by drunkenness”, the defense attorney Tomsheck said.
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