A Canadian man was convicted of animal cruelty charges on Monday for snatching a flamingo named Peachy from its enclosure at an iconic Las Vegas hotel. This was reported by Qazaqyia.kz citing The Guardian.
Prosecutors said it was a malicious prank while a lawyer for the tourist insisted it was drunken foolishness not meant to harm the bird.
Prosecutors said tourist Mitchell Fairbarn hurt and frightened the 27-year-old Chilean flamingo when he took it from its habitat at the Flamingo Las Vegas Hotel and Casino and carried the squawking bird to his room on 3 March. Defense attorney Josh Tomsheck told jurors at trial in a Nevada court that the man deeply regretted the “bad decisions” he made while intoxicated.
After about five hours of deliberations, jurors returned convictions on felony and misdemeanor animal cruelty counts against the Ontario, Canada, man.
Fairbarn remains under house arrest pending a sentencing hearing set for 1 December. He faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction. Following the verdict, he declined to comment as he left the courtroom with his wife. He showed no visible emotion.
After the incident, the flamingo was mostly unharmed but is more anxious and nervous when being evaluated, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital.
Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting 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 at the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat also features hummingbirds, turtles, koi and other species.
Peachy was missing some feathers after being taken.
Las Vegas police responded to the scene after security staff reported that someone had taken the flamingo. When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said.
Taking the bird was “dumb” and “fueled by drunkenness”, the defense attorney Tomsheck said. But he added that his client never intended any harm to 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. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”
Fairbarn could be seen in court at one point with head lowered, hands covering his eyes.
The man had received death threats after taking the flamingo, and he was unable to leave the US when his father died while Fairbarn was awaiting trial, said Haley Willming, the Clark county prosecutor. While those events were unfortunate, the prosecutor said, “none of that would have happened had he not done what he did, had he not made the choices he made”.
Jurors began deliberating shortly before midday after closing arguments on Monday morning.
Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said 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.