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LAS VEGAS (Gambling911.com) - A Canadian man who stood trial for snatching a beloved flamingo named Peachy from his enclosure at an iconic Las Vegas Hotel and casino has been found guilty of animal cruelty after a nearly three day trial.
Prosecutors claim it was a malicious prank while a lawyer for the tourist insisted it was drunken foolishness not meant to harm the bird.
Prosecutors said tourist 34-year-old father of three Mitchell Fairbarn hurt and frightened the 27-year-old Chilean flamingo when he took it from its habitat at the Flamingo Las Vegas Hotel and Casino and carried the squawking bird to his room March 3. Defense attorney Josh Tomsheck told jurors at trial in a Nevada court that the man deeply regretted the “bad decisions” he made while intoxicated. The incident was captured on surveillance video.
After about five hours of deliberations, jurors returned convictions on felony and misdemeanor animal cruelty counts against the Ontario, Canada, man.
Fairbarn remains under house arrest pending a sentencing hearing set for Dec. 1. He faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction. Following the verdict, he declined to comment as he left the courtroom with his wife. He showed no visible emotion.
Since the incident, the flamingo has been doing all right physically but is more anxious and nervous when being evaluated, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital. A police report also observed Peachy was missing some of his feathers after the incident.
Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor. Video showed the bird squawking while Fairbarn handled it and prosecutors said Peachy felt pain when it was pulled by its feet.
Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway at the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat also features hummingbirds, turtles, koi and other species.
Taking the bird was “dumb” and “fueled by drunkenness,” the defense attorney Tomsheck said. But he added that his client never intended any harm to the bird, a key element in 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.”
The story has made international headlines.
- Nagesh Rath, Gambling911.com
