Jury Convicts Canadian Tourist of Cruelty to Las Vegas Flamingo

A Nevada jury convicted Canadian tourist Mitchell Fairbarn of felony and misdemeanor animal cruelty on Monday, Oct. 19, 2026, after he took Peachy, a Chilean flamingo, from its enclosure at the Flamingo Las Vegas hotel and brought the bird to his room. Prosecutors argued that the incident involved deliberate harm, while the defense maintained that Fairbarn acted recklessly while intoxicated but never intended to injure the animal.

Fairbarn, from Ontario, Canada, remains in custody awaiting sentencing scheduled for Dec. 1. According to the case presented at trial, he faces up to four years in prison for the felony conviction and an additional six months in jail for the misdemeanor offense.

The incident occurred on March 3. Authorities said Peachy was found with blood on its feathers, injuries to its wings and seven to eight missing feathers after hotel security reported that someone had taken the bird from its habitat.

Video shown to jurors captured Fairbarn holding the flamingo inside an elevator and carrying it along a hotel hallway. Prosecutors cited feathers found on the hotel floor and footage of the bird squawking while being handled as evidence of physical suffering, arguing that pulling the bird by its feet caused pain.

Peachy's veterinarian, Tiffany Moore, medical director of Lone Mountain Animal Hospital, said the bird has recovered physically but displays increased anxiety and nervousness during evaluations. The 27-year-old Chilean flamingo lives in the hotel's well-known habitat, which also houses hummingbirds, turtles, koi and other species.

Fairbarn's defense attorney, Josh Tomsheck, acknowledged that his client made serious mistakes but disputed the claim that he intended to harm the bird. The defense focused on the distinction between reckless conduct and the intent required for the felony charge.

Tomsheck described the incident as "dumb" and "fueled by drunkenness," according to his remarks during the trial.

The attorney also emphasized his client's intoxication and poor judgment when addressing the jury about the events that led to the charges.

"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 appeared visibly distressed in court at one point, lowering his head and covering his eyes with his hands.

Clark County prosecutor Haley Willming addressed the personal consequences Fairbarn experienced while awaiting trial, including death threats following the incident. She also said he was unable to leave the United States when his father died during the pretrial period.

Willming acknowledged those circumstances but argued that Fairbarn's actions had set the events in motion.

"None of that would have happened had he not done what he did, had he not made the choices he made," Willming said.

Jurors began deliberating shortly before noon on Monday after hearing closing arguments that morning. Their verdict found Fairbarn guilty on both animal cruelty counts.

John Waudby, a Nevada animal rights advocate who recently helped strengthen the state's animal cruelty laws, welcomed the verdict outside the courtroom. He said the decision reinforced legal protections for animals in Nevada.

"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," Waudby said.