A Canadian tourist was convicted of animal cruelty charges Monday for snatching a flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino on March 3.
Prosecutors said it was a malicious prank while a lawyer for tourist Mitchell Fairbarn said it was drunken foolishness not meant to harm the bird, according to The Associated Press.
Fairbarn, 34, was seen on security camera around 5 a.m. on March 3, hopping a fence to get inside the flamingo habitat. He had been charged after taking the 27-year-old Chilean flamingo from the habitat and carrying the bird to his hotel room.
Peachy was injured during the incident and the flamingo’s treating veterinarian said the bird had seven to eight missing feathers, broken shafts and blood loss that were consistent with trauma. She said that Peachy needed weeks of pain medication, antibiotics and anti-inflammatories after the incident.
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.
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During the trial, defence lawyer Josh Tomsheck told jurors in a Nevada court that Fairbarn deeply regretted the “bad decisions” he made while intoxicated.
A charging document, viewed by the Las Vegas Review-Journal, alleges that Fairbarn “did willfully, unlawfully, maliciously, and feloniously torture or unjustifiably maim or mutilate an animal kept for companionship or pleasure.”
Global News has not independently viewed the charging document.
Fairbarn testified that he spent March 2 drinking and gambling and estimated that he had consumed between 30 to 40 beers before arriving at the flamingo habitat around 5 a.m, KLAS Las Vegas reported.
He claimed that he was drunk and sleep-deprived before taking the bird.
Fairbarn said he took the bird as a “silly pranky joke.”
Prosecutors showed surveillance video, photos and Snapchat videos showing Fairbarn smiling and grabbing the flamingo by the neck.
Video showed the bird squawking while Fairbarn handled it and prosecutors said Peachy felt pain when it was pulled by its feet.
Las Vegas police responded to the scene after security staff reported someone had taken the flamingo. When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said.
“Did you ever, at any time, have any malicious intent or desire?” his lawyer asked. “Did you intend to kill?”
“No,” Fairbarn replied.
Taking the bird was “dumb” and “fueled by drunkenness,” Tomsheck said.
“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 added. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Fairbarn said he was in Las Vegas for Con Expo, “global construction show that happens every three years,” where he was asked to be “one of the representatives from Canada,” according to KCBD.
After about five hours of deliberations, jurors returned convictions on felony and misdemeanor animal cruelty counts against Fairbarn.
Fairbarn’s sentencing hearing is set for Dec. 1 and he remains under house arrest pending the hearing.
The Ontario man faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction, according to The Associated Press.
Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said he believes justice was delivered on Peachy’s behalf.
“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 outside the courtroom after Monday’s verdict.
—With files from The Associated Press
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