LAS VEGAS — A Canadian tourist was convicted Monday on felony and misdemeanor animal cruelty charges for removing a flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino in March. The case, heard in a Nevada court, centered on the prosecution’s assertion that the act was a deliberate and malicious prank, while the defense argued it was a reckless mistake fueled by intoxication without intent to harm the bird.
Mitchell Fairbarn, from Ontario, Canada, took the 27-year-old Chilean flamingo from its habitat on March 3 and carried the distressed bird back to his hotel room, according to prosecutors. Video evidence presented at trial showed Fairbarn holding Peachy in an elevator and walking down a hotel corridor while the bird squawked loudly. Authorities reported finding feathers on the hotel floor, and veterinarians noted the bird had suffered injuries including missing feathers, blood on its body, and wing damage.
Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital, described the flamingo as physically stable but more anxious and nervous during follow-up evaluations since the incident. Prosecutors argued that Fairbarn’s actions caused physical pain to Peachy, highlighting that pulling the bird by its feet contributed to its injuries.
Defense attorney Josh Tomsheck acknowledged that Fairbarn’s actions were irresponsible and “dumb,” attributing them to intoxication. However, he challenged the prosecution’s claim regarding intent to harm, emphasizing that Fairbarn deeply regretted his decisions but never intended to cause injury. “Mitch was drunk. Mitch was stupid. He made bad decisions,” Tomsheck said during closing arguments.
After nearly five hours of deliberation, the jury found Fairbarn guilty on both counts. He remains under house arrest pending sentencing scheduled for Dec. 1, facing up to four years in prison for the felony charge and an additional six months for the misdemeanor. Fairbarn declined to comment following the verdict and was accompanied by his wife as he left the courtroom.
The case drew attention outside the courthouse, where animal rights advocate John Waudby expressed approval of the verdict. Waudby, involved in recent efforts to strengthen Nevada’s animal cruelty laws, described the outcome as a clear message that animal mistreatment will not be tolerated in the state.
Clark County prosecutor Haley Willming noted that Fairbarn faced personal hardships during the trial, including death threats and being unable to leave the U.S. following the death of his father. Nonetheless, Willming underscored that such difficulties would not have arisen had Fairbarn not engaged in his actions with Peachy.
The Flamingo Las Vegas Hotel and Casino, one of the Strip’s oldest resorts, is known for its flamingo habitat, which also features hummingbirds, turtles, and koi fish. The incident spurred heightened scrutiny over animal protections at the venue and broader conversations about enforcement of cruelty laws in Nevada.