A Canadian tourist accused of stealing a flamingo from a Las Vegas Strip hotel has insisted he had 'no malicious intent' when he took the bird to his room, describing the incident as a drunken prank after guzzling 30-40 beers.
Mitchell Fairbairn, 34, testified in his own defense on Friday as his trial continued over the alleged theft and mistreatment of Peachy, a Chilean flamingo from the Flamingo Las Vegas hotel’s wildlife habitat.
Asked by his attorney whether he had ever intended to harm the bird, Fairbairn replied: ‘No.’ He also denied having any intention to kill it.
However, under cross-examination, the Ontario businessman acknowledged that video footage of the incident ‘doesn’t look good’ and conceded that Peachy had been hurt.
‘I’m taking responsibility,’ he told the court, while claiming he had ‘no idea’ how the bird had lost some of its feathers.
Fairbairn who is married with three children, said he had travelled to Las Vegas to attend ConExpo, an international construction exhibition, where he had been asked to represent Canada. He described growing up on farms, where he developed experience around animals.
He also told the court that he owns dogs and a parrot named Sonny and had previously rescued an abandoned llama and six ducks.
His trip to Nevada came after his father was tragically diagnosed with cancer in December 2025. Fairbairn said he had been ‘on the fence about coming at all’.
Mitchell Fairbairn, 34, took the stand in his animal cruelty trial and repeatedly denied he meant to hurt Peachy the Flamingo when he carried him to his hotel room March 3
The Ontario businessman claimed he drank between 30 and 40 beers before entering the Flamingo hotel’s wildlife habitat at around 5am and abducting a flamingo from a habitat at the Flamingo Hotel in Las Vegas
He admitted the bird was hurt but insisted he did not know how it lost its feathers. The Flamingo Las Vegas Hotel and Casino, where the incident allegedly happened
In CCTV footage, a shirtless Fairbairn can be seen wrangling the bird by the neck and legs
He testified that he spent March 2 drinking and gambling, estimating he consumed between 30 and 40 beers before arriving at the Flamingo’s wildlife habitat at around 5am the following morning.
Drunk, sleep-deprived and on a phone call, he said he entered the enclosure after noticing a bird whose wings appeared uneven, although he acknowledged he should not have gone inside.
Fairbairn claimed he initially sat beside a different flamingo before picking up Peachy to take a photograph as part of what he called a ‘silly pranky joke’.
He said he carried the bird to his hotel room for ‘two or three minutes’ before leaving it in the hallway. He was arrested while changing, he told the court, as he prepared to return the animal.
Jurors questioned his explanation for entering the habitat, including how he could tell the bird’s wings were uneven if the flamingos were resting.
Fairbairn said one wing appeared higher than the other from where he was standing. He also agreed that a flamingo sleeping with its head tucked beneath its wings could appear to have uneven wings.
When asked whether he had noticed any injuries or blood on his shirt or the wall while handling Peachy, he answered: ‘No.’ He maintained that he had not seen anything wrong with the bird when he removed it from the enclosure.
He confirmed that he walked through bushes while carrying the flamingo and said he removed his shirt to wrap around the bird as he left the habitat, explaining that he wanted to avoid startling the other flamingos.
Police said they later found a 'large bloody feather' while animal control claims Peachy has suffered a wing injury due to the wing being 'pulled' from its body
He admitted the bird was hurt but insisted he did not know how it lost its feathers. Closing arguments are expected on Monday before the jury begins deliberations
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In another exchange, a juror asked what Fairbairn would expect police to do if someone entered his farm and injured one of his animals.
He said he would expect a proper investigation to establish whether the person who took the animal was responsible for harming it.
Asked whether being intoxicated excused hurting a person or an animal, he replied: ‘No.’
Fairbairn also said he had been on house arrest since the incident and had been unable to return to Canada.
The case stems from the March 3 incident, when police allege Fairbairn entered the hotel’s wildlife habitat and removed Peachy. Investigators previously said surveillance footage showed him carrying the flamingo through the hotel wrapped in a shirt.
The tourist later admitted to trespassing into the flamingo habitat after seeing a bird in distress, and claimed that he had 'popped' the animal's wing into place.
Police said: 'He stated he knows that 'popping' the wing back into its place [is] a common practice for birds, such as ducks. He has knowledge of his because he is a farm boy.'
Police also alleged that photographs and videos recovered from his phone showed him aggressively choking the bird and throwing it to the floor. In one clip, he reportedly laughed while saying he was ‘taking the bird home’.
Investigators said they found a 'large bloody feather' in his hotel room, while animal control officials reported that Peachy suffered a wing injury requiring stitches. Authorities also alleged that other birds were injured during the incident.
Fairbairn faces four felony counts relating to the alleged torture, maiming or killing of animals kept for companionship or pleasure. The allegations have yet to be resolved by the jury.
Caesars Entertainment, which owns the Flamingo hotel, previously described the incident as ‘deeply distressing’, saying Peachy and the other birds were receiving care from veterinarians and the hotel’s animal care team.
The trial is due to resume on Monday morning, when lawyers will deliver closing arguments before jurors begin deliberating.