Man who stole flamingo from Las Vegas hotel found guilty of animal cruelty

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.

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.

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.

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.

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 US 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.

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.

周一，一名加拿大男子因在拉斯维加斯一家标志性酒店内从围栏中偷走一只名叫“桃子”（Peachy）的火烈鸟而被判虐待动物罪名成立。检方称这是一起恶意恶作剧，而该游客的律师则坚称这只是酒后失态，并非有意伤害这只鸟。

检察官称，3月3日，游客米切尔·费尔巴恩将一只27岁的智利火烈鸟从拉斯维加斯火烈鸟酒店赌场的栖息地带走，并把这只聒噪的鸟带回了自己的房间，导致火烈鸟受伤并受到惊吓。辩护律师乔什·汤姆谢克在内华达州法院的庭审中告诉陪审团，费尔巴恩对自己在醉酒状态下做出的“错误决定”深感后悔。

经过大约五个小时的审议，陪审团裁定这名来自加拿大安大略省的男子犯有重罪和轻罪虐待动物罪。

费尔巴恩目前仍被软禁在家，等待12月1日的量刑听证会。他面临最高四年监禁（重罪指控）和可能额外六个月的监禁（轻罪指控）。宣判后，他与妻子离开法庭时拒绝发表评论，脸上没有任何表情。

他的律师也拒绝置评。

皮奇的兽医、孤山动物医院的医疗主任蒂芙尼·摩尔说，自从那次事件发生以来，这只火烈鸟的身体状况还不错，但在接受检查时会更加焦虑和紧张。

检方早前告诉陪审团，费尔巴恩故意伤害了这只鸟，并指出在酒店地板上发现了羽毛。视频显示，费尔巴恩在处理这只鸟时，它发出尖叫声。检方称，当皮奇被拽住脚时，它感到疼痛。

庭审中播放的视频显示，费尔巴恩抱着火烈鸟乘坐电梯，并把它抱过这家著名酒店的走廊。弗拉明戈酒店是拉斯维加斯大道上最古老的酒店之一，其著名的火烈鸟栖息地还饲养着蜂鸟、乌龟、锦鲤和其他物种。

拉斯维加斯警方接到保安人员报警称有人偷走了一只火烈鸟后赶到现场。据警方称，找到这只名叫“桃子”（Peachy）的火烈鸟时，它少了七八根羽毛，羽毛上沾有血迹，翅膀也有伤痕。

辩护律师汤姆谢克称，抓鸟的行为“愚蠢”，而且是“酒后所为”。但他补充说，他的当事人从未想过要伤害这只鸟，而这正是重罪指控的关键要素。

“他不该那样做，不该进入鸟舍，不该碰鸟，不该把皮奇带进去，”汤姆谢克说。“事实是，米奇喝醉了。米奇很愚蠢。他做了错误的决定。”

在法庭上，人们一度看到费尔巴恩低着头，双手捂着眼睛。

克拉克县检察官海莉·威尔明表示，这名男子在偷走火烈鸟后曾收到死亡威胁，而且在他父亲去世后，他无法离开美国。当时费尔巴恩正等待审判。检察官说，虽然这些事件令人遗憾，但“如果他没有做那些事，没有做出那些选择，这一切都不会发生。”

周一上午结案陈词结束后，陪审团于中午前不久开始进行审议。

内华达州动物权利倡导者约翰·沃德比最近帮助加强了该州的动物虐待法，他说他相信皮奇得到了公正的对待。

“我希望这能给任何想伤害我们动物的人一个警告，那就是在内华达州，你们休想得逞，”他在周一宣判后在法庭外说道。