Mitchell Fairbarn, a 34-year-old tourist from Ontario, Canada, was convicted on Monday of felony and misdemeanor animal cruelty charges in Las Vegas. Jurors found he entered the Flamingo hotel wildlife habitat on March 3 and took a 27-year-old Chilean flamingo named Peachy to his hotel room.
The trial at the Regional Justice Center in Las Vegas concluded Monday afternoon after jurors deliberated for about five hours. Prosecutors presented evidence from 14 witnesses and reviewed 112 exhibits during the proceedings. Fairbarn remains under house arrest pending a Dec. 1 sentencing hearing and faces up to four years in prison for the felony conviction, alongside six months for the misdemeanor count.
Mitchell Fairbarn Testifies About Drinking Dozens of Beers Before Entering Habitat
He testified that he spent the preceding 24 hours gambling and consuming between 30 and 40 beers.
Security footage played during the trial showed the Canadian contractor hopping a fence at approximately 5 a.m. on March 3 to enter the outdoor wildlife enclosure.
I thought it would be, at the time, funny.
Mitchell Fairbarn, defendant
Josh Tomsheck and Prosecutors Debate Intent in Flamingo Removal
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.
Josh Tomsheck, defense attorney
Prosecutors countered that the defendant willfully caused physical pain, noting that feathers were found on the hotel floor. When asked whether intoxication excused hurting a person or animal, Fairbarn replied “No.” Outside the courtroom, Fairbarn declined to comment as he left with his wife, and his defense attorney also declined to comment.
Tiffany Moore Outlines Peachy’s Physical and Behavioral Recovery
Caesars Entertainment, which owns the Flamingo hotel, previously characterized the incident as deeply distressing and stated that Peachy and the other birds were receiving care from veterinarians and the property’s animal care team.
John Waudby Reacts to Verdict as Las Vegas Casinos Face Animal Security Concerns
I hope this sends a message to anybody else that wants to mess with our animals, that you’re not going to do it in Nevada.
John Waudby, animal rights advocate