What occurs in Las Vegas is usually kept under wraps. However, if you consume “30 to 40 beers” and take a flamingo, it might just make headlines around the globe.
On Monday, a Las Vegas court found an Ontario man guilty of animal cruelty for abducting a flamingo named Peachy from its enclosure at a well-known Las Vegas hotel, an act described by prosecutors as both intoxicated and intentional.
Mitchell Fairbarn was charged with “willfully, unlawfully, maliciously and feloniously” causing harm to the flamingo during the early morning of March 3, as stated in the indictment reviewed by CBC News. He pleaded not guilty, and his trial commenced last week.
After jurors delivered their verdicts on both felony and misdemeanor animal cruelty charges, Fairbarn was remanded into custody until a sentencing hearing scheduled for December 1. He could face a maximum of four years in prison for the felony charge and an additional six months for the misdemeanor.
“I thought it would be a funny story we could share for years,” Fairbarn, characterized by various Las Vegas media as a contractor from rural Ontario, remarked in court on Friday.
Fairbarn testified that he had consumed “30 to 40” beers over a 24-hour period while attending a construction expo in Las Vegas, as shown in video footage from the trial shared by multiple news outlets.
Peachy, the flamingo that Fairbarn was found guilty of injuring, is seen in its habitat on Monday in an image provided by Caesars Entertainment. (Samuel Tillery/Caesars Entertainment)
According to the Las Vegas Review-Journal, Fairbarn entered the flamingo’s habitat at the Flamingo Las Vegas Hotel and Casino at around 5 a.m. on March 3, believing it would be a “silly joke” to take the bird.
“I thought it would be funny at the time,” Fairbarn stated.
The wildlife habitat at the Flamingo, which the hotel claims spans four acres and is certified by the National Wildlife Federation, houses the resort’s namesake Chilean flamingos, along with various birds, turtles, and fish.
Witnesses claim Peachy was distressed
Footage presented during the trial depicted Fairbarn in an elevator holding the flamingo by its neck and escorting it down a hotel corridor. He spent approximately 15 minutes with the bird, including two to three minutes in his hotel room, according to police evidence cited by 8NewsNow.
Two of Fairbarn’s companions testified earlier that they had been out drinking and awoke in their hotel room to discover the flamingo before relocating it to the hallway, according to Fox 5 Las Vegas.
A hotel engineer searching for Peachy eventually managed to corner the bird with a towel, reporting that Peachy was trembling and bleeding.
The flamingo sustained injuries during the incident, including seven to eight missing feathers, broken feather shafts, and blood loss consistent with trauma, as testified by the bird’s veterinarian in court, according to Fox5 Las Vegas.
Peachy, who is 27 years old, required antibiotics, anti-inflammatory medications, and several weeks of pain relief, as reported by the news outlet.
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CBC News has requested access to court documents from the Las Vegas Justice Court but has not received them yet. However, several local media outlets present in the courtroom have broadcast footage showing Fairbarn acknowledging his actions, while disputing the intent behind them.
During Monday’s court session, Fairbarn’s attorney, Joshua Tomsheck, stated that it was a drunken incident with no intention of harm. When Tomsheck inquired if Fairbarn had any malicious intent “in your mind or your heart when you picked up that bird,” Fairbarn shook his head and replied, “no.”
CBC News has reached out to Tomsheck for further comment but has not yet received a reply.
Fairbarn testifying during his trial at the Regional Justice Center on Friday in Las Vegas. He maintains that he did not intend to harm the flamingo he took to his hotel room in March. (Benjamin Hager/Las Vegas Review-Journal/The Associated Press)
Justice served, according to animal rights advocate
Prosecutors asserted that Fairbarn intentionally inflicted pain on the bird, noting that feathers were discovered on the hotel floor and videos depicted the flamingo squawking while Fairbarn handled it. However, Tomsheck argued that his client regrets his actions while under the influence and never aimed to injure the bird, which is a crucial aspect of the felony charge.
“He should never have done that, should not have entered the habitat, shouldn’t have touched a bird, and shouldn’t have taken Peachy with him,” Tomsheck stated in court on Monday.
“The reality is, Mitch was intoxicated. Mitch made foolish choices. He acted irresponsibly.”
Fairbarn informed the court on Friday that he has been under house arrest in Nevada since the incident. Court records reviewed by CBC News indicated that he was required to surrender his passport as part of his bail conditions.
Jurors began their deliberations after both parties presented their closing statements on Monday morning.
Peachy has since recuperated and is reportedly doing well, as confirmed by a spokesperson for Caesars Entertainment to CBC News on Tuesday.
“We are thankful that this situation was treated with the seriousness it deserves and appreciate the efforts of law enforcement, prosecutors, and animal care professionals who responded,” the spokesperson stated.
“This incident was extremely distressing, and our priority remains the health and welfare of the animals at the Flamingo Wildlife Habitat.”
The Flamingo Las Vegas Hotel and Casino is home to the resort’s namesake Chilean flamingos, which reside at the hotel’s wildlife habitat. (Ceasars Entertainment)
John Waudby, an animal rights advocate from Nevada who recently assisted in enhancing the state’s animal cruelty legislation, expressed to The Associated Press that he believes justice was served on behalf of Peachy.
“I hope this sends a strong message to anyone who wishes to harm our animals that such actions will not be tolerated in Nevada,” he stated outside the courtroom following Monday’s verdict.
The case of the flamingo is just one among several recent animal cruelty incidents at Las Vegas casinos, according to the Las Vegas Review-Journal.
In June, a woman faced charges after allegedly jumping into the fountain at The Venetian and grabbing a duckling named Daffy. In May, a teen girl was arrested and accused of stabbing three horses at the South Point Arena & Equestrian Center to prevent them from competing in a barrel race.