Peachy the flamingo: man convicted over Las Vegas hotel theft

A Canadian tourist who grabbed a flamingo from its habitat at a famed Las Vegas Strip resort and toted the squawking bird to his hotel room has been found guilty of animal cruelty. Jurors in a Nevada court on Monday convicted Mitchell Fairbarn on felony and misdemeanor counts stemming from the 3 March incident at the Flamingo Las Vegas Hotel and Casino.

Five Hours of Deliberation

The panel reached its decision after roughly five hours of deliberations. The Ontario, Canada, man will remain confined to house arrest until a sentencing hearing scheduled for 1 December. The felony conviction carries a maximum of four years behind bars, while the misdemeanor could add as much as six months. Prosecutors characterized the act as a deliberate prank, while the defense maintained it was the product of intoxication rather than malice. They said Fairbarn harmed and terrified Peachy, a 27-year-old Chilean flamingo, when he removed the bird from its enclosure and carried it through the hotel to his room. Defense attorney Josh Tomsheck told jurors his client was deeply remorseful for the “bad decisions” he made while intoxicated. After the verdict, Fairbarn declined to comment as he exited the courtroom alongside his wife, displaying no visible emotion. His lawyer also offered no statement.

Bird Left Anxious After Ordeal

Peachy sustained relatively minor injuries but has become more fearful during examinations, according to the bird’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital. Prosecutors had told jurors that Fairbarn intentionally inflicted physical pain, pointing to feathers discovered on the hotel floor. Video footage showed the bird squawking as Fairbarn handled it, and prosecutors said Peachy experienced pain when pulled by its feet. Additional video played during the trial depicted Fairbarn holding the flamingo in an elevator and carrying it along a hotel corridor. The Flamingo ranks among the oldest properties on the Las Vegas Strip, and its celebrated flamingo habitat is also home to hummingbirds, turtles, koi and other species. Peachy was missing some feathers following the incident. Las Vegas police were called after security personnel reported that someone had taken the flamingo. When the bird was recovered, authorities said, it was missing seven to eight feathers, had blood on its plumage and injuries to its wings. Tomsheck described the act as “dumb” and “fueled by drunkenness”, but stressed that his client never meant to harm the bird — a crucial element of the felony charge. “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,” Tomsheck said. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.” At one point during the proceedings, Fairbarn sat with his head lowered and his hands covering his eyes. According to Clark county prosecutor Haley Willming, the defendant received death threats after taking the flamingo and was unable to leave the United States when his father died while he awaited trial. While she acknowledged those circumstances were unfortunate, she added: “none of that would have happened had he not done what he did, had he not made the choices he made”. Jurors started deliberating shortly before noon on Monday following closing arguments that morning. John Waudby, a Nevada animal rights advocate who recently helped toughen the state’s animal cruelty legislation, said outside the courtroom that he felt justice had been served for Peachy. “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,” he said.