A Canadian man who carried a flamingo out of its enclosure at the Flamingo Las Vegas hotel, took the bird to his hotel room and left it injured, has been found guilty of animal cruelty.
A Clark County jury on Oct. 19 convicted 34-year-old Ontario resident Mitchell Grant Fairbarn of one felony and one misdemeanor count of animal cruelty after prosecutors said he grabbed a Chilean flamingo named Peachy by the legs and neck, dragged the bird and caused it injuries that required treatment. The verdict came after a five-day trial in Clark County's Eighth Judicial District Court.
The unusual case drew attention because of surveillance footage, Snapchat photos and Fairbarn's own testimony that he planned to bring the bird to his hotel room as a joke
to show friends. Prosecutors said Peachy suffered injuries during the encounter but has since recovered. Fairbarn faces up to four years in prison and six months in county jail. He is scheduled to be sentenced Dec. 1.
Fairbarn’s lawyer did not immediately respond to USA TODAY’s request for comment on Oct. 20.
Here’s what we know about Peachy the flamingo and the man who was found guilty of taking the bird from his enclosure and harming the animal.
How Peachy the flamingo was injured
The charges stem from an incident around 5 a.m. March 3 at the Flamingo Las Vegas wildlife habitat.
According to court documents reviewed by USA TODAY, prosecutors said Fairbarn entered the habitat and grabbed Peachy, a Chilean flamingo that lives in the hotel's outdoor enclosure. They alleged that he picked up the bird by its legs, dragged it, squeezed it in his arms, grabbed it by the neck and caused feathers to be pulled out.
Habitat surveillance video showed Fairbarn walking through the flamingo habitat for about 10 minutes while talking on the phone with a colleague, according to KLAS-TV. He eventually entered the water near a waterfall before grabbing the bird.
Flamingo wound up in hotel room
During testimony, Fairbarn acknowledged taking the flamingo but said he did not intend to harm it.
When asked by his attorney whether he had malicious intent, Fairbarn replied that he did not, according to KLAS-TV.
Instead, he testified that he intended to bring the bird to his hotel room on the 14th floor and show it to friends.
"I thought it was something that we could joke about for the rest of our lives," Fairbarn testified, according to KLAS-TV.
Fairbarn said he had the flamingo for about 15 minutes and that the bird spent only a few minutes in the hotel room before someone released it into a hallway.
Snapchat photos introduced during the case showed a shirtless Fairbarn smiling while carrying Peachy. Additional footage reportedly showed two of his friends handling the bird as well, FOX5 reported.
Hotel employees found bird injured
In police body camera footage reviewed by USA TODAY, hotel employees told officers that Peachy appeared to have abrasions on one wing and what they believed was an open wound that could become infected.
Employees also reported missing feathers and other signs of injury.
"The flamingos are our family," one worker told police.
Workers noted that many of the birds in the habitat are decades old, with some in their 40s and approaching their 50s. Some suffer from arthritis and depend on the habitat for their care.
Wyatt Mayhall, a flamingo facilities manager at the resort, testified that he initially searched the wrong floor before locating Peachy. He eventually wrapped the bird in a towel and carried him away.
Mayhall said he noticed that the flamingo was shaking and saw red spots on the towel, according to KLAS-TV.
During cross-examination, Fairbarn acknowledged that the bird had been hurt.
A veterinarian later testified that Peachy has since recovered from his injuries.
Defendant says alcohol fueled bad decision
Fairbarn was in Las Vegas attending a construction trade show when the incident occurred, according to KLAS-TV.
He had recently learned that his father had been diagnosed with cancer and testified that he shut off his phone and decided to "let loose."
Fairbarn testified he drank 30 to 40 beers over roughly 24 hours before the incident.
He later turned his phone back on while near the flamingo habitat and called a work colleague. While testifying, he also admitted he had lied to security personnel about seeing an injured animal.
Fairbarn told jurors he made a bad decision but questioned whether his actions warranted a felony conviction.
'Justice for Peachy'
Clark County District Attorney Steven B. Wolfson praised the jury's verdict and said Peachy endured unnecessary suffering.
"He was a defenseless flamingo who endured senseless cruelty, and we are grateful to know that Peachy is doing well today," Wolfson said in a statement posted on Instagram. "Justice for Peachy!"
Fairbarn's attorney did not immediately respond to USA TODAY's request for comment on Oct. 20.
Saleen Martin is a reporter on USA TODAY’s trending team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@usatoday.com.
This article originally appeared on USA TODAY: Canadian tourist who stole Las Vegas flamingo convicted of animal cruelty
