The trial of Mitchell Fairbarn, a 34-year-old Canadian visitor accused of stealing and mistreating a flamingo from the Flamingo resort habitat, began Wednesday in District Court. Fairbarn faces two counts of cruelty to animals stemming from the early morning incident on March 3 involving a bird named Peachy.
Assistant District Attorney Alex Chen showed jurors a photo of a shirtless, smiling Fairbarn, asking whether it conveyed concern for the animal or "triumph that the defendant did exactly what he set out to do that day." Chen played video he said showed Fairbarn taking the flamingo to his room and alleged Fairbarn and a friend laughed about pinning the bird to the ground. "This wasn't just some joke, it wasn't just some prank, it actually led to Peachy the flamingo being injured," Chen told the jury.
Chen said Fairbarn claimed he was trying to help the bird, but argued there was nothing wrong with the flamingos. "He took the flamingo because he wanted the flamingo," the prosecutor said. Defense attorney Josh Tomsheck reserved his opening statement for the defense case and noted Fairbarn had rejected a plea offer to admit to a felony count of animal cruelty.
Resort security officer Hezekiah Binnon testified that a radio call alerted staff: "Attention all officers, somebody took a flamingo." He said security found the bird at the end of a hallway with feathers everywhere. Security supervisor Randall Crews testified he saw a feather in the hallway and spoke with Fairbarn, who said he saw the flamingo walking down a walkway making noise and took it "trying to find help for it."
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
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