Canadian Tourist Convicted Over Peachy the Flamingo, Faces 4.5 Years

Mitchell Fairbarn, a tourist from Ontario, Canada, was convicted on felony and misdemeanor animal cruelty counts on Monday, October 19, for taking a flamingo named Peachy from its habitat at the Flamingo Las Vegas Hotel and Casino. The jury in Nevada took about five hours to reach its verdict.

He faces up to four years in prison on the felony and up to six more months on the misdemeanor, according to the Associated Press. Sentencing is set for December 1, and Fairbarn remains under house arrest until then. The hotel and its wildlife habitat belong to Caesars Entertainment, which called Peachy “cruelly taken” in a statement after the arrest.

A 5 a.m. Walk Through the Habitat

The case goes back to the early hours of March 3. Las Vegas police said Fairbarn walked into the Flamingo’s outdoor habitat at around 5 a.m., picked up the 27-year-old Chilean flamingo and carried it to his room on the 14th floor. Officers later found feathers and blood in the room.

Hotel security reported the bird missing and police tracked it down. Peachy was missing seven to eight feathers, had blood on its feathers and had injuries to its wings, authorities said. Police also said other birds in the enclosure were hurt, and that Fairbarn told officers he had been trying to “pop” an injured wing back into place.

Fairbarn, 33 at the time, was arrested that day and booked on four felony counts of animal abuse. His first court appearance was set for March 9.

Video the Jury Saw

Surveillance video played at trial showed Fairbarn holding the squawking bird in an elevator and carrying it down a hotel hallway. Prosecutors said he willfully caused it pain, pointing to feathers on the hotel floor and to footage of Peachy being pulled by its feet.

Fairbarn’s Account on the Stand

Fairbarn told the court he was in town for ConExpo, the international construction trade show, and had spent March 2 drinking and gambling. He estimated he drank between 30 and 40 beers before he reached the habitat. He said he was drunk, short on sleep and on the phone when he noticed a flamingo whose wings looked uneven.

He testified that he picked Peachy up for a photo as part of what he called a “silly pranky joke”, and that he had the bird in his room for “two or three minutes” before leaving it in the hallway. He said he was getting ready to take it back when he was arrested.

But he also accepted, under cross-examination, that the footage “doesn’t look good” and that the bird had been hurt. “I’m taking responsibility,” he told the court.

Defense Said Drunk, Prosecutors Said Malicious

Defense attorney Josh Tomsheck called the act “dumb” and “fueled by drunkenness”, and argued that Fairbarn never meant to harm the bird, which is a key element of the felony charge. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions,” Tomsheck told jurors.

Clark County prosecutor Haley Willming told the court Fairbarn had received death threats and could not leave the US when his father died while he was waiting for trial. She said none of that would have happened “had he not made the choices he made.”

The jury sided with the prosecution. Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said outside court that the verdict should send a message “that you’re not going to do it in Nevada.”

Peachy Is Recovering

The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its habitat also holds hummingbirds, turtles and koi, just steps from the casino floor. Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital, said the bird is doing all right physically but is more anxious and nervous during check-ups.

Fairbarn showed no visible emotion after the verdict and left the courtroom with his wife. Neither he nor his lawyer would comment.