A 34-year-old Canadian visitor to the United States has been found guilty of felony and misdemeanor animal abuse following a reckless, alcohol-fueled incident that left a captive Chilean flamingo injured and permanently behaviorally altered. Mitchell Fairbarn, who traveled to the popular entertainment hub of Las Vegas, carried out the unusual crime in March this year, abducting the bird — named Peachy — from the free public wildlife habitat at the iconic Flamingo Las Vegas Hotel and Casino located on the Las Vegas Strip.
Court documents and trial evidence presented a clear picture of the incident: security camera footage captured Fairbarn riding an elevator to his guest room while holding the flamingo by its neck, with a visible smile on his face. During his testimony, Fairbarn admitted he had consumed between 30 and 40 beers over the course of a night of drinking before the incident, and claimed he never intended to hurt the bird. He told the jury he only thought stealing the flamingo would be a funny stunt, making the split-second decision to take the animal after finishing a late-night call with a work colleague.
The Flamingo Las Vegas’s open-access wildlife habitat has long been a signature attraction for the property, home to a flock of Chilean flamingos alongside a variety of other native and exotic species, including fish, turtles, and other birds, that guests can observe for free during their visit. The habitat’s peaceful public setting was upended by Fairbarn’s impulsive act, which caused immediate physical harm to Peachy. Animal welfare experts and veterinarians testifying for the prosecution confirmed that the incident left the bird with torn feathers and significant blood loss. While Peachy has physically recovered from the attack, state veterinary reports note the bird now displays permanent increased anxiety when around human visitors.
Over the course of the trial, the 12-person jury heard testimony from 14 separate witnesses and reviewed more than 112 individual pieces of evidence, according to CBS, the BBC’s U.S. news partner. After five hours of deliberation, the jury returned guilty verdicts on both felony and misdemeanor animal cruelty charges.
In his defense of Fairbarn, defense attorney Josh Tomsheck did not dispute his client’s actions, instead framing the incident as a thoughtless, alcohol-induced mistake rather than a deliberate act of cruelty. “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 the court. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.” The attorney added that the case has attracted widespread public anger, and Fairbarn has received numerous death threats since he was first taken into custody.
Since his arrest, Fairbarn has been barred from leaving the United States and is currently under house arrest in Las Vegas as he awaits his sentencing hearing, scheduled for December. He now faces up to nearly five years in state prison for his convictions.