/ CBS/AP
A Canadian man was convicted of animal cruelty charges Monday for snatching a 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 drunken foolishness not meant to harm the bird.
Prosecutors said tourist Mitchell Fairbarn hurt and frightened the 27-year-old Chilean flamingo when he took it from its habitat at the Flamingo Las Vegas Hotel and Casino and carried the squawking bird to his room March 3. Defense attorney Josh Tomsheck told jurors at trial in a Nevada court that the man deeply regretted the "bad decisions" he made while intoxicated.
After about five hours of deliberations, jurors returned convictions on felony and misdemeanor animal cruelty counts against the Ontario, Canada, man. Jurors were allowed to reach a conclusion of felony or misdemeanor cruelty to animals on both counts after reviewing 112 exhibits and hearing from 14 witnesses, CBS affiliate KLAS-TV reported.
Man remains under house arrest awaiting sentencing
Fairbarn remains under house arrest pending a sentencing hearing set for Dec. 1. He faces up to four years in prison for the felony and possibly six more months for the misdemeanor conviction. Following 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.
Since the incident, the 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.
Prosecutors told jurors earlier that Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor. Video showed the bird squawking while Fairbarn handled it and prosecutors said Peachy felt pain when it was pulled by its feet.
In closing statements Monday, prosecutors pointed to a video recorded moment when Fairbarn is heard saying on March 3, "I swear to god, I will f*** [unintelligible] one more time," KLAS-TV reported.
Fairbarn said he had come to Las Vegas to take part in a work event at the Con Expo, and over the course of a 24-hour period had "30 to 40" beers with friends, KLAS-TV reported.
Video played at 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 also features hummingbirds, turtles, koi and other species.
Peachy was missing feathers after being taken
Las Vegas police responded to the scene after security staff reported someone had taken the flamingo. When Peachy was located, it was missing seven to eight feathers, had blood on its feathers and injuries to its wings, authorities said.
Fairbarn previously told jurors he grabbed Peachy to bring back up to his hotel room to show his friends, but did not intend to torture the animal, KLAS-Tv reported. The flamingo spent about 15 minutes with Fairbarn, then two to three minutes in the hotel room before being released back into the hallway.
Taking the bird was "dumb" and "fueled by drunkenness," the defense attorney Tomsheck said. But he added that his client never intended any harm to the bird, a key element in the felony 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. "The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions."
Fairbarn could be seen in court at one point with head lowered, hands covering his 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. 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."
Jurors began deliberating shortly before midday after closing arguments Monday morning.
Animal rights advocate says justice was delivered
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.
"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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