A Canadian man has been convicted of animal cruelty after taking a flamingo named Peachy from its enclosure at the Flamingo Las Vegas Hotel and Casino.
Mitchell Fairbarn was found guilty of felony and misdemeanour animal cruelty charges following five hours of deliberation in a Nevada court. He remains under house arrest and is due to be sentenced on December 1.
Prosecutors said Fairbarn knowingly caused pain and distress to the 27-year-old Chilean flamingo when he removed it from its habitat on March 3 and carried it towards his hotel room.
Video shown during the trial captured Fairbarn holding Peachy in a lift and taking the bird along a hotel corridor. Prosecutors said the flamingo was heard squawking and had been pulled by its feet.
When Peachy was found, authorities said it was missing seven or eight feathers, had blood on its feathers and had suffered injuries to its wings. The bird was later returned to its enclosure.
Flamingo was left more anxious after incident
Peachy is physically doing well but has become more anxious and nervous during examinations, according to its veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital.
Fairbarn told the court he had taken the flamingo to show friends and had not intended to torture or harm it. His lawyer, Josh Tomsheck, said the incident was the result of drunkenness rather than a deliberate attempt to injure the animal.
“The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions,” Mr Tomsheck said, while acknowledging that his client should not have entered the habitat, touched the bird or taken it away.
Fairbarn said he had consumed “30 to 40” beers with friends during a 24-hour period while visiting Las Vegas for a work event at the Con Expo. The flamingo was with him for about 15 minutes before spending a further two or three minutes in his room and being released into the corridor.
Fairbarn faces up to four years in prison for the felony conviction and a further possible six months for the misdemeanour. He left court with his wife after the verdict and declined to comment.
Clark County prosecutor Haley Willming said Fairbarn had received death threats after taking Peachy and had been unable to leave the United States when his father died while he was awaiting trial.
“None of that would have happened had he not done what he did, had he not made the choices he made,” she said.
Animal rights advocate John Waudby, who recently helped strengthen Nevada’s animal cruelty laws, said the verdict delivered justice for Peachy.
“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 court.
