Tourist Who Snatched Flamingo from Las Vegas Resort Found Guilty of Animal Cruelty

A Clark County jury on Monday, Oct. 19, convicted Canadian tourist Mitchell Fairbarn of felony and misdemeanor animal cruelty for stealing a flamingo from the Wildlife Habitat at the Flamingo Las Vegas.

Surveillance footage from the March 3 incident captured Fairbarn injuring the bird while removing it from the casino property.

Fairbarn—a 34-year-old resident of Ontario, Canada—faces up to four years in prison on the felony charge and six months for the misdemeanor at his sentencing, which is set for Dec. 1.

He has been under electronic house arrest in the Las Vegas area since shortly after his March 3 arrest. As a condition of his bail, he surrendered his passport and was barred from leaving the United States.

Fairbarn’s defense counsel argued that his client faced severe backlash, including death threats, and should have been permitted to return to Canada following the death of his father. Prosecutors countered that those consequences stemmed directly from Fairbarn’s choices.

No Leg for Defense to Stand On

Defense attorney Josh Tomsheck conceded that his client’s conduct was reckless and heavily fueled by alcohol—noting Fairbarn admitted to consuming between 30 and 40 beers in the 24 hours leading up to the incident—but insisted Fairbarn had no intent to harm the bird.

Fairbarn testified that he grabbed Peachy to show friends staying in his room and released the bird minutes later. Tomsheck argued that prosecutors failed to establish malicious intent—a required element for the felony count—describing the act as a “dumb” and “drunken” stunt rather than an intentional act of cruelty.

Jurors, after evaluating 112 exhibits and testimony from 14 witnesses over five hours of deliberations, rejected that argument. They found Fairbarn guilty on two separate counts of cruelty: one for his actions inside the habitat and another for the harm caused in the hotel hallway and room.

Caught Pink-Handed

Prosecutors demonstrated that Fairbarn caused physical pain and distress to Peachy, presenting surveillance video of him carrying the 27-year-old Chilean flamingo into an elevator and down a hotel hallway. Physical evidence included missing feathers, bloodstains on a hotel wall, and wing injuries.

Wyatt Marshall, a facilities manager at the Flamingo, testified that he wrapped Peachy in a towel and noticed red spots on the fabric. While defense attorneys highlighted minor inconsistencies in Marshall’s initial statement regarding the room floor number, prosecutors pointed to physical evidence confirming trauma.

Under cross-examination, Chief Deputy District Attorney Haley Willming asked Fairbarn directly if Peachy was injured during the encounter. Fairbarn replied, “Yes.”

The verdict concluded a four-day trial presided over by District Court Judge Jacqueline Bluth.

How Is Peachy Now?

While property representatives confirmed earlier this year that Peachy’s physical wounds healed, veterinarian Dr. Tiffany Moore, medical director at Lone Mountain Animal Hospital, told jurors that the flamingo exhibits elevated anxiety during routine examinations.

Nevada animal welfare advocate John Waudby, who worked on recent legislative efforts to strengthen state animal cruelty statutes, told reporters outside the courtroom that justice was served 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,” Waudby said following Monday’s verdict.