Juror Ousted From Flamingo Abuse Case Over Profane Outburst

A prospective juror was dismissed Tuesday, Oct. 13, from the trial of Mitchell Fairbarn, the Canadian tourist accused of stealing and abusing a flamingo at the Flamingo Las Vegas in March.

According to the Las Vegas Review-Journal, the man was overheard making a profane remark about Fairbarn in a hallway at Clark County District Court.

Flamingo Remark Didn’t Fly

The remark occurred outside the courtroom as Fairbarn, 34, waited for jury selection to begin.

Clark County District Judge Jacqueline Bluth said court staff overheard the prospective juror refer to Fairbarn as “the piece of s*** that took the flamingo.” Before the comment surfaced, the man had already told the court he had seen extensive media coverage and could not remain neutral.

“It was all over the news, social media, everywhere,” he said. “I cannot be fair in this case.”

Following a private discussion with attorneys, Judge Bluth removed the man from the panel, saying that his comment made it impossible for him to serve impartially.

Sitting Ducks

Fairbarn, who is from Ontario, Canada, is charged with two counts of animal cruelty for allegedly stealing a flamingo from the Flamingo Las Vegas wildlife habitat and taking it to his hotel room, where prosecutors say it was tortured.

Security footage shows Fairbarn entering the habitat around 5 a.m. on March 3. Investigators allege he chased one flamingo—injuring its wing—before grabbing another named Peachy, a longtime resident of the resort’s sanctuary.

Surveillance video captured Fairbarn tucking Peachy under his jacket and boarding an elevator to the 14th floor with another individual who was not charged. Police noted Fairbairn laughed and declared, “I’m taking it home.”

According to the arrest report, evidence recovered from Fairbarn’s smartphone showed photos and video of him choking the bird and throwing it onto the floor while laughing.

Fairbarn told arresting officers he had been drinking heavily and claimed he attempted to “pop” the bird’s wing back into place, acknowledging his conduct was “repulsive.”

Responding officers reported Peachy was distressed but alive. Both birds received veterinary treatment through the resort and made full recoveries.

Caesars Entertainment, parent company of the Flamingo, called the incident “deeply distressing.”

The Case Proceeds

Trial proceedings will continue as prosecutors present evidence detailing Peachy’s abduction and alleged mistreatment.

Defense attorney Joshua Tomsheck stated Fairbairn maintains his innocence and plans to contest the charges. Opening statements will begin once the jury is formally sworn.

Fairbarn remains out of custody under high-level electronic monitoring.

According to the Review-Journal, a 14-member panel consisting of six men and eight women—including alternates—was selected after hours of voir dire examination.

Prospective jurors were questioned extensively regarding pet ownership, media exposure, and their ability to weigh animal cruelty charges impartially.