A jury convicted a Canadian man of animal cruelty charges on Monday afternoon for snatching a flamingo named Peachy from its enclosure at an iconic Las Vegas hotel in what prosecutors called a drunken and malicious act.
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prosecutors → convict → what
Prosecutors said tourist Mitchell Fairbarn harmed the bird at the Flamingo Las Vegas Hotel and Casino when he took it to his room on March 3.
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he → say → March
The man’s defense attorney had told jurors at trial in a Nevada court that the man committed a foolish act while intoxicated but intended no harm to the bird.
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man → tell → bird
Jurors returned convictions on felony and misdemeanor animal cruelty counts against the tourist from Ontario, Canada.
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Jurors → return → Ontario
Fairbarn remained in custody pending a Dec. 1 sentencing hearing.
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Fairbarn → remain → hearing
He faces up to four years in prison for the felony plus six months of jail time for the misdemeanor conviction.
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He → face → conviction
Since then, the 27-year-old Chilean flamingo has been doing all right physically but is more anxious and nervous when being evaluated, said Peachy’s veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital.
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veterinarian → do → Hospital
Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway at the famous hotel.
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Fairbarn → play → hotel
The Flamingo is one of the oldest hotels on the Las Vegas Strip, and its well-known flamingo habitat also includes hummingbirds, turtles, koi and other species.
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habitat → know → hummingbirds
Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor.
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feathers → tell → floor
Video showed the bird squawking while Fairbarn handled it, and prosecutors said Peachy felt pain when it was pulled by its feet.
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it → show → feet
Las Vegas police responded to the scene after security staff reported someone had stolen the flamingo.
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someone → respond → flamingo
When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said.
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authorities → locate → wings
Taking the bird was “dumb” and “fueled by drunkenness,” defense attorney Josh Tomsheck said.
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Tomsheck → take → drunkenness
But Tomsheck added that his client never intended to hurt the bird, a key element in the felony charge.
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client → add → charge
“He should not have done that, should not have gone into the habitat, shouldn’t have touched a bird, shouldn’t have taken Peachy inside,” Tomsheck said.
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Tomsheck → do → Peachy
He made bad decisions.”
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He → make → decisions
Fairbarn could be seen in court at one point with head lowered, hands covering his eyes.
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hands → see → eyes
The man had received death threats after taking the flamingo, and he was unable to leave the U.S. when his father died while Fairbarn was awaiting trial, said Clark County prosecutor Haley Willming.
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Willming → receive → trial
While those events were unfortunate, the prosecutor said, “none of that would have happened had he not done what he did, had he not made the choices he made.”
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he → say → choices
Jurors began deliberating shortly before midday after closing arguments were presented Monday morning.
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arguments → begin → midday
Nevada animal rights advocate John Waudby, who recently helped strengthen the state’s animal cruelty laws, said he believes justice was delivered on Peachy’s behalf.
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justice → help → 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,” he said outside the courtroom after Monday’s verdict.
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he → hope → verdict
The Aporia
