Canadian tourist convicted of animal cruelty over flamingo taken from Las Vegas hotel

A jury in a Nevada court convicted Canadian tourist Mitchell Fairbarn on Monday of felony and misdemeanor animal cruelty counts for taking a 27-year-old Chilean flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino and carrying it to his room on March 3. Jurors returned the convictions after about five hours of deliberations. Prosecutors described the act as a malicious prank. Defense attorney Josh Tomsheck told jurors that his client, from Ontario, Canada, deeply regretted the "bad decisions" he made while intoxicated and that it was drunken foolishness not meant to harm the bird. [ 2 , 3 , 4 , 5 , 8 , 9 , 10 ]

Fairbarn remains under house arrest pending a sentencing hearing set for Dec. 1. He faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction. After the verdict he declined to comment as he left the courtroom with his wife and showed no visible emotion, and his lawyer also had no comment. NBC News said he remained in custody pending sentencing. [ 3 , 4 , 5 , 6 , 8 , 9 , 10 ]

Prosecutors told jurors that Fairbarn willfully caused the bird physical pain, noting that feathers were found on the hotel floor. Video showed the bird squawking while Fairbarn handled it, and prosecutors said Peachy felt pain when it was pulled by its feet. Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway. Las Vegas police responded after security staff reported that someone had stolen the flamingo, and authorities said Peachy was missing seven to eight feathers, had blood on its feathers and had injuries to its wings when it was located. CBS News, citing its affiliate KLAS-TV, reported that jurors reviewed 112 exhibits and heard from 14 witnesses. [ 4 , 5 , 6 , 8 , 9 , 10 ]

Peachy's veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital, said that since the incident the flamingo has been doing all right physically but is more anxious and nervous when being evaluated. [ 4 , 5 , 6 , 8 , 9 ]

Fairbarn testified in his own defense, according to the New York Post and Newsweek. He said he had spent March 2 drinking and gambling and estimated he drank 30 to 40 beers before arriving at the habitat at around 5 a.m. He said he was in Las Vegas for a construction show, and Newsweek named it as ConExpo. He said he never meant to hurt Peachy and took the bird as a "silly prank joke" to photograph, intending to carry it to his hotel room for "two or three minutes." He also testified that he was arrested while changing to return the bird. Newsweek said he told the court his family had been affected by his actions, including death threats, and that he had changed his children's schools. [ 1 , 2 ]