What happens in Vegas stays in Vegas. Unless you drink “30 to 40 beers” and steal a flamingo — because that will make international news.
A Las Vegas court convicted an Ontario man of animal cruelty charges Monday for snatching a flamingo named Peachy from its habitat at an iconic Las Vegas hotel in what prosecutors called a drunken and malicious act.
Mitchell Fairbarn was accused of “willfully, unlawfully, maliciously and feloniously” injuring the flamingo in the early morning hours on March 3, according to the indictment viewed by CBC News. He pleaded not guilty and his trial started last week.
After jurors returned convictions on felony and misdemeanor animal cruelty counts, Fairbarn remained in custody pending a Dec. 1 sentencing hearing. He faces up to four years in prison for the felony conviction, plus six months of jail time for the misdemeanor conviction.
“I thought it was something that we could joke about for the rest of our lives,” Fairbarn, described by various Las Vegas media outlets as a contractor from rural Ontario, said in court Friday.
The façade of the Flamingo hotel in Las Vegas is seen at night on Las Vegas Boulevard in this file photo. (Pascal Le Segretain/Getty Images)
Fairbarn told the court that on the day of the incident, he drank “30 to 40” beers over the course of 24 hours while he was in Las Vegas for a construction expo, he said in video footage of the trial posted by multiple media outlets.
Fairbarn entered the flamingo habitat at the Flamingo Las Vegas Hotel and Casino around 5 a.m. on March 3, according to the Las Vegas Review-Journal, and took the bird because he thought it would be a “silly joke” with his friends.
“I thought it would be, at the time, funny,” Fairbarn said.
The Flamingo’s wildlife habitat, which the hotel says spans four acres and is certified by the National Wildlife Federation, is home to the resort’s namesake Chilean flamingos, among other birds, turtles and fish.
Peachy was shaking, bleeding: witness
Video played at the trial showed Fairbarn holding the flamingo by the neck in an elevator and carrying it down a hotel hallway. He spent about 15 minutes with the bird, and two-to-three minutes with it in his room, reported 8NewsNow, citing police evidence heard in court.
Two of Fairbarn’s friends testified earlier this week that they had been out drinking, then woke up in their hotel room to find the flamingo there before moving it to the hallway, notes Fox 5 Las Vegas.
A hotel facilities engineer searching for Peachy eventually corralled the bird into a corner with a towel, and told the court Peachy was shaking and bleeding.
The flamingo was injured during the incident, suffering seven to eight missing feathers, broken feather shafts and blood loss consistent with trauma, the bird’s treating veterinarian testified in court, according to Fox5 Las Vegas.
Peachy, who is 27 years old, needed antibiotics, anti-inflammatories and weeks of pain medication, the news outlet reported.
CBC News has reached out to the Las Vegas Justice Court for access to court filings and has not yet received them. But multiple local media outlets present in court have aired footage from court where Fairbarn doesn’t deny his actions — just his intent.
His lawyer Joshua Tomsheck said Monday it was a drunken act and no harm was intended. When Tomsheck asked Fairbairn Friday if he had any malicious intent “in your mind or your heart when you picked up that bird,” Fairbarn shook his head and answered, “no.”
CBC News has reached out to Tomsheck, but has not yet received a response.
Fairbarn testifies during his trial at the Regional Justice Center on Friday in Las Vegas. He says he didn’t intend to hurt the flamingo he took up to his hotel room in March. (Benjamin Hager/Las Vegas Review-Journal/The Associated Press)
Justice delivered: animal rights advocate
Prosecutors said Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor and video showed the bird squawking while Fairbarn handled it. But Tomsheck said his client regrets his actions while intoxicated and never meant to harm 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 in court Monday.
“The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Fairbarn told the court Friday that he has remained under house arrest in Nevada since the incident. Court records viewed by CBC News show he had to surrender his passport as one of his bail conditions.
Jurors began deliberations after both sides presented closing arguments Monday morning.
Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, told The Associated Press 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.
The Flamingo Las Vegas Hotel and Casino is home to the resort’s namesake Chilean flamingos, which reside at the hotel’s wildlife habitat. (Ceasars Entertainment)
Peachy has since recovered, according to Fox 5 Las Vegas. But the flamingo is just one of several recent cases involving animal cruelty at Las Vegas casinos, reports the Las Vegas Review-Journal.
In June, a woman was charged after allegedly jumping into the fountain at The Venetian and grabbing a duckling named Daffy. In May, a teen girl was arrested and accused of stabbing three horses the the South Point Arena & Equestrian Center so they couldn’t compete in a barrel race.
