LAS VEGAS — A Canadian tourist who stole a flamingo from a Las Vegas hotel was convicted of animal cruelty by a Nevada jury on Monday.
Clark County jurors found Mitchell Fairbarn, 34, of Ontario, guilty of one felony charge and one misdemeanor charge of cruelty to animals, the Las Vegas Review-Journal reported.
Prosecutors accused Fairbarn of hurting and frightening “Peachy,” a 27-year-old Chilean flamingo, when he removed the bird from its enclosure at the Flamingo Las Vegas Hotel and Casino on March 3, according to KLAS.
Surveillance video captured Fairburn carrying the squawking flamingo to his room, the television station reported.
Chief Deputy District Attorney Haley Willming said Fairbarn admitted during the trial he had no good reason to be in the flamingo enclosure and that Peachy, according to expert testimony, suffered pain and injuries, the Review-Journal reported.
“Peachy was the subject of (Fairbarn) and his friends’ amusement,” Willming said. “Peachy was the subject of his big joke.”
Defense attorney Josh Tomsheck told jurors that Fairbarn deeply regretted the “bad decisions” he made while intoxicated but added that he had no malicious intent when he took Peachy from its enclosure.
“If he was an evil guy and that was his design and his plan and if he wanted to kill Peachy, Peachy would be dead,” Tomsheck told jurors, according to the Review-Journal. “What we’re saying is that it was dumb. It was fueled by drunkenness.”
Fairbarn testified that on March 3, he drank “30 to 40” beers over 24 hours while he was in Las Vegas for a construction exposition, CBC News reported.
“I thought it was something that we could joke about for the rest of our lives,” Fairbarn said.
Fairbarn entered the flamingo habitat at the Flamingo Las Vegas Hotel and Casino around 5 a.m. PT, the Review-Journal reported.
Video played at the trial showed Fairbarn holding the flamingo by the neck in an elevator and carrying it down a hotel hallway, according to KLAS. He spent about 15 minutes with the bird, and up to three minutes with it in his room, the television station reported.
According to hotel’s website, its wildlife habitat covers 4 acres and is certified by the National Wildlife Federation.
Fairburn has been in custody since his arrest, according to KLAS. He could face up to 4½ years behind bars when he is sentenced on Dec. 1, the Review-Journal reported.