‘Bad decisions’: Man convicted of taking Peachy the flamingo from Las Vegas hotel | Las Vegas

A Canadian man was convicted Monday of animal cruelty for snatching a pink flamingo named Peachy from its enclosure at an iconic Las Vegas hotel.

Prosecutors said it was a malicious prank while a lawyer for the tourist insisted it was a drunken romp that was not intended to harm the bird.

Prosecutors said tourist Mitchell Fairbarn injured and frightened the 27-year-old Chilean flamingo when he took it out of its habitat at the Flamingo Las Vegas Hotel and Casino and carried the screaming bird to his room on March 3. Defense attorney Josh Tomsheck told jurors during the trial in a Nevada court that the man deeply regretted the “bad decisions” he made while drunk.

After about five hours of deliberations, jurors handed down felony and misdemeanor animal cruelty convictions against the man from Ontario, Canada.

Fairbarn remains under house arrest pending a sentencing hearing scheduled for Dec. 1. He faces up to four years in prison for the crime and possibly an additional six months for the misdemeanor charge. After the verdict, he declined to comment as he left the courtroom with his wife. He showed no visible emotion.

His lawyer also had no comment.

After the incident, the flamingo was mostly unharmed, but was more anxious and nervous during his evaluation, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital.

Prosecutors earlier told jurors that Fairbarn deliberately caused physical pain to the bird, noting that feathers were found on the hotel floor. The video showed the bird screaming while Fairbarn handled it, and prosecutors said Peachy felt pain as it was pulled by its legs.

Video played during the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway at the famous hotel. The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat is also home to hummingbirds, turtles, koi and other species.

Peachy had lost some feathers after being captured.

Las Vegas police responded to the scene after security personnel reported that someone had taken the flamingo. When Peachy was located, he was missing seven to eight feathers, blood on his feathers and wounds on his wings, authorities said.

Taking the bird was “stupid” and “fueled by drunkenness,” defense attorney Tomsheck said. But he said his client never intended to harm the bird, a key part of the criminal charge.

“He shouldn’t have done that, shouldn’t have gone into the habitat, shouldn’t have touched a bird, shouldn’t have taken Peachy inside,” Tomsheck said. “The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”

Fairbarn could be seen in court at one point with his head down with his hands covering his eyes.

The man had received death threats after taking the flamingo, and he was unable to leave the United States when his father died while Fairbarn was awaiting trial, said Clark County Prosecutor Haley Willming. While these events were unfortunate, the prosecutor said “none of this would have happened if he hadn’t done what he did, if he hadn’t made the choices he made.”

Jurors began deliberating shortly before noon following closing arguments Monday morning.

Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said he believes justice has been served on Peachy’s behalf.

“I hope this sends a message to anyone who wants to prey on our animals that you’re not going to do it in Nevada,” he said outside the courtroom after Monday’s verdict.