Las Vegas jury convicts Canadian tourist of animal cruelty over hotel flamingo

A jury in Las Vegas has convicted Canadian tourist Mitchell Fairbarn of animal cruelty. He took a flamingo named Peachy from its enclosure at a hotel during a visit in March.

Peachy is a Chilean flamingo. It was taken from the wildlife habitat at the Flamingo Las Vegas Hotel and Casino. Jurors convicted Fairbarn on one felony count and one misdemeanour count after deliberating for about five hours.

Fairbarn took the bird to his hotel room. Video played at the trial showed him carrying the flamingo in a hotel elevator. His defence acknowledged that he had been drunk.

The BBC reported that animal experts testified to torn-out feathers and blood loss. The Guardian quoted authorities as saying Peachy was missing seven to eight feathers, had blood on its feathers and had wing injuries. According to veterinary testimony, the bird has largely recovered but is now more anxious around humans or during evaluation.

Fairbarn remains under house arrest. A sentencing hearing is scheduled for December. The BBC reports that he has been unable to leave the United States since his arrest. He has also received death threats, according to his lawyer as cited by the BBC and the Clark County prosecutor as cited by the Guardian. According to the Guardian, he faces up to four years for the felony and possibly six more months for the misdemeanour. The BBC says he faces nearly five years.

Other reported details

According to the Guardian, the bird was taken on 3 March, Peachy is 27 years old and Fairbarn is from Ontario. The BBC reports that he is 34. The Guardian says police responded after hotel security staff reported the bird missing.

According to the BBC, Fairbarn testified that he had drunk 30 to 40 beers and had been up drinking all night. He said he thought taking the bird would be "funny". The BBC also reported that video showed a smiling Fairbarn carrying the bird by the neck in a lift. The Guardian said video showed the bird squawking.

The Guardian, citing the prosecutor, reported that Fairbarn's father died while he was awaiting trial. After the verdict, Fairbarn and his lawyer declined to comment, according to the Guardian.

What is disputed

The central dispute was whether Fairbarn intended to harm the bird. According to the Guardian, this is a key element of the felony charge. Prosecutors called it a malicious prank and said he wilfully caused the bird physical pain. The defence said he never meant to harm it.

What each side says

Defence lawyer Josh Tomsheck said, according to the BBC: "The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions."

The Guardian quoted prosecutor Haley Willming as saying the threats and his father's death were unfortunate, but "none of that would have happened had he not done what he did".

Nevada animal rights advocate John Waudby said, according to the Guardian, that he believes justice was delivered on Peachy's behalf.

The reports reviewed by Vocemundi do not include a statement from the hotel or describe any appeal plans.

Analysis

The verdict turned on intent, a question jurors resolved against the defence on the felony count. The sentence remains open. The reports reviewed by Vocemundi do not say what penalty prosecutors will seek, so the outcome could range widely within the reported maximums. The judge may weigh the defence's account of intoxication and regret against the prosecution's description of a wilful act. An appeal is possible but not described in the reports. The case may also draw attention to how publicly accessible animal exhibits are protected.

Produced by the Vocemundi newsroom with AI assistance.