A Canadian tourist from Ontario was convicted of animal cruelty charges Monday for removing a flamingo from its enclosure at the Flamingo Las Vegas Hotel and Casino and taking the bird to his hotel room.
Mitchell Fairbarn, 33, was found guilty of one felony count and one misdemeanor count of animal cruelty following a trial in Nevada district court. Jurors deliberated for about five hours before returning the verdicts. The incident occurred on March 3 when Fairbarn entered the wildlife habitat at the resort shortly after 5 a.m.
Surveillance video showed Fairbarn, who admitted to consuming 30 to 40 beers over a 24-hour period, jumping the enclosure fence, chasing flamingos, and grabbing the 27-year-old Chilean flamingo named Peachy by its legs. He carried the bird to his room, where it sustained injuries including feather loss and wing damage. Prosecutors presented evidence that the bird squawked during the handling and that Fairbarn had attempted to adjust its wing.
Defense attorney Josh Tomsheck argued that the act stemmed from drunken foolishness rather than any intent to cause harm, describing it as a series of poor decisions by his client. Prosecutors maintained that the actions constituted willful cruelty toward the animal, a federally protected migratory species.
Fairbarn remains under house arrest ahead of his sentencing hearing scheduled for December 1. He faces up to four years in state prison on the felony conviction and up to six months on the misdemeanor count.
The Flamingo Las Vegas maintains a prominent wildlife habitat on its property that includes flamingos along with other species. Resort security alerted authorities after noticing the missing bird, leading to Fairbarn's arrest that morning.
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