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A Canadian tourist who took a flamingo from its habitat at a popular Las Vegas Strip hotel and carried it through the property was found guilty Monday of animal cruelty after prosecutors argued the bird was injured during the bizarre encounter.
Mitchell Fairbarn, of Ontario, Canada, was convicted of felony and misdemeanor animal cruelty charges after jurors deliberated for about five hours.
The case stemmed from a March 3 incident at the Flamingo Las Vegas Hotel and Casino, where Fairbarn removed a 27-year-old Chilean flamingo named Peachy from its enclosure and brought the bird to his hotel room.
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Surveillance footage presented during the trial showed Fairbarn holding the flamingo inside an elevator and carrying it through a hotel hallway as the bird squawked.
Mitchell Fairbarn faces four felony animal abuse charges after allegedly removing a flamingo named Peachy from a Las Vegas Strip resort’s wildlife habitat. (Las Vegas Metro Police Department)
Prosecutors argued Fairbarn deliberately caused the bird pain, pointing to footage of him pulling Peachy by its feet and feathers found on the hotel floor.
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Las Vegas police were called after hotel security reported the flamingo missing from its enclosure.
When authorities found Peachy, the flamingo was missing seven or eight feathers, had blood on its feathers and suffered injuries to its wings.
Mitchell Fairbarn allegedly grabbed a flamingo from the Flamingo Las Vegas wildlife habitat at 5 a.m. and brought the injured bird to his 14th-floor room, police say. (Las Vegas Metro Police Department)
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Fairbarn’s defense attorney, Josh Tomsheck, acknowledged his client made poor decisions while intoxicated but argued he never intended to injure the animal.
“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 told jurors. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
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Las Vegas police charged Mitchell Fairbarn with four felony counts after authorities say he removed a flamingo from a casino habitat, injuring the bird and others in the enclosure. (Las Vegas Metro Police Department)
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Peachy is doing well physically but remains more anxious during veterinary examinations, according to Tiffany Moore, medical director of Lone Mountain Animal Hospital, who treated the bird.
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Fairbarn remains under house arrest as he awaits sentencing on Dec. 1.
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A Las Vegas flamingo named Peachy was injured after a Canadian man allegedly grabbed a bird from a casino habitat during a drinking binge and is now receiving veterinary care. (Las Vegas Metro Police Department)
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He faces up to four years in prison on the felony conviction and an additional six months for the misdemeanor offense.
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During the trial, prosecutors acknowledged Fairbarn had received death threats following the incident and was unable to return to Canada when his father died while the criminal case was pending.
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Mitchell Fairbarn testifies during his animal cruelty trial in Las Vegas after being accused of taking a flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino. (Benjamin Hager/Las Vegas Review-Journal via AP)
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Clark County prosecutor Haley Willming argued those consequences resulted from his own actions.
Mitchell Fairbarn covers his face while testifying during his animal cruelty trial in Las Vegas. Fairbarn was convicted of felony and misdemeanor animal cruelty charges involving a flamingo named Peachy. (Benjamin Hager/Las Vegas Review-Journal via AP)
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“None of that would have happened had he not done what he did, had he not made the choices he made,” Willming said.
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The Flamingo Las Vegas, one of the Strip’s oldest resorts, is known for its wildlife habitat, which houses flamingos, turtles, koi fish and other animals.
