Mitchell Fairbarn faces a December 1 sentencing hearing and up to four years in prison after a Nevada jury convicted the 34-year-old Canadian tourist of felony and misdemeanor animal cruelty for snatching a 27-year-old Chilean flamingo named Peachy from her enclosure at the Flamingo Las Vegas Hotel and Casino during a March 3 drunken prank.
Jurors at the Regional Justice Center in Las Vegas returned convictions against Mitchell Fairbarn after approximately five hours of deliberations following a trial in the Nevada court. According to Fox5Vegas, the jury consisted of eight women and six men, with two alternate jurors appointed who were ultimately not needed. The 34-year-old tourist from Ontario, Canada, remained under house arrest pending his next court appearance, leaving the courtroom with his wife while showing no visible emotion and declining to comment alongside his attorney Josh Tomsheck, while family members including a friend and brother were also spotted inside the courtroom.
Surveillance Footage and Evidence Presented at Court
Prosecutors presented surveillance footage, photographs, and Snapchat clips during the proceedings showing Fairbarn smiling, laughing, and handling the animal. Video played for the jury showed the tourist holding the flamingo in an elevator and carrying the squawking bird down a hotel hallway. Prosecutors Haley Willming and Alex Chen detailed that the defendant faced two counts of animal cruelty, with arguments pointing out that one count stemmed from the habitat incident while the second covered actions inside the hotel, following an initial four charges before prosecutors narrowed the focus to Peachy’s March ordeal.
Authorities stated that when Peachy was located by hotel security staff and police, the bird was missing seven to eight feathers, had blood on her plumage, and sustained injuries to her wings. Prosecutors argued that Fairbarn willfully caused physical pain, pointing to feathers discovered on the hotel floor and contending that the animal suffered pain when pulled by its feet. The Flamingo Las Vegas Hotel and Casino features a well-known wildlife habitat on the Las Vegas Strip that houses hummingbirds, turtles, koi, and other species alongside its flamingos, standing as one of the oldest hotels on the strip.
Testimony and Intoxication Claims From the Defense
Defense attorney Josh Tomsheck told jurors that his client committed a foolish and regrettable act while heavily intoxicated—claiming on the witness stand that he consumed between 30 and 40 beers—maintaining that Fairbarn never intended to hurt the animal as a silly pranky joke, which serves as a central element required for the felony charge.
🚨 CANADIAN TOURIST CLAIMS HE DRANK 30–40 BEERS BEFORE TAKING FLAMINGO TO LAS VEGAS HOTEL ROOMAn Ontario businessman accused of stealing and injuring a flamingo at a Las Vegas casino testified that the incident was a drunken prank, not an attempt to harm 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. The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.
Josh Tomsheck, Defense Attorney
During the trial, Fairbarn broke down on the witness stand while testifying, lowering his head and covering his eyes with his hands. Clark County prosecutor Haley Willming noted during proceedings that the defendant had received death threats after taking the flamingo and was unable to leave the United States when his father died while he was awaiting trial. While acknowledging those unfortunate circumstances, the prosecutor emphasized to the jury that none of those events would have occurred had he not made the choices he did on March 3.
Veterinary Assessments and Community Reactions
Tiffany Moore, medical director of Lone Mountain Animal Hospital and Peachy’s veterinarian, noted that while the bird is doing all right physically, she has become noticeably more anxious and nervous during routine evaluations.
Outside the courtroom, animal rights advocate John Waudby, who recently assisted in strengthening Nevada’s animal cruelty legislation, spoke about the jury’s decision.
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.
John Waudby, Nevada animal rights advocate
Upcoming Sentencing Hearing in December
Fairbarn faces up to four years in prison for the felony animal cruelty conviction, alongside an additional six months of jail time for the misdemeanor count.
Fairbarn is scheduled for a sentencing hearing on December 1, where the tourist will learn his punishment.
Mitchell Fairbarn, 34, is facing two counts of animal cruelty after he stole a flamingo named Peachy from the Flamingo Hotel and Casino in Mar. NEVER LET THIS JERK ENTER THE U.S.A. HE IS A DETRIMENT TO THE USA.
More on Mitchell Fairbarn
Mitchell Fairbarn of Ontario, Canada, is charged with two counts of animal cruelty. https://t.co/hkuTusfNdg
