A Clark County jury found Canadian tourist Mitchell Fairbarn, 34, guilty on two counts of animal cruelty Monday after roughly five hours of deliberation. The verdict followed a four-day trial before District Court Judge Jacqueline Bluth stemming from a March 3 incident at the Flamingo Las Vegas Hotel and Casino. Jurors reviewed 112 exhibits and heard from 14 witnesses before returning a split verdict: one felony count and one misdemeanor count, distinguishing between Fairbarn's actions inside the bird habitat and inside his hotel room.
Surveillance video captured Fairbarn grabbing "Peachy," a 27-year-old Chilean flamingo, from the property's habitat. Fairbarn testified he took the bird to his room to show friends and did not intend to torture it. The flamingo spent about 15 minutes with Fairbarn and two to three minutes in the hotel room before being released into a hallway. Facilities manager Wyatt Mayhall eventually corralled the honking bird using a towel, noticing spots of red on the fabric and blood on a hotel room wall near a mirror.
During closing arguments, prosecutors highlighted a video recording in which Fairbarn is heard saying, "I swear to god, I will f*** [unintelligible] one more time." Defense attorney Josh Tomsheck dismissed related accusations as unproven and irresponsible. Fairbarn acknowledged under questioning that the bird was hurt as a result of the incident, though a veterinarian testified Thursday that Peachy has since recovered.
Fairbarn has remained in custody since his March 3 arrest. Sentencing is scheduled for Dec. 1, at which point he faces up to four years in prison for the felony conviction.
Sources: 8 News Now
Original reporting: 8 News Now →
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