An image taken from video footage at a Las Vegas hotel shows a man holding a flamingo (Image from the Las Vegas Justice Court).

A Brampton man accused of taking a flamingo from a Las Vegas casino resort and injuring the bird in his hotel room has been found guilty of animal cruelty, with sentencing set for December.

Mitchell Fairbarn was convicted Monday (Oct. 19) of felony and misdemeanour animal cruelty after a jury deliberated for about five hours in a Nevada court.

The verdict follows a case that began in March when Fairbarn allegedly entered the flamingo habitat at the Flamingo Las Vegas Hotel and Casino and took a 27-year-old Chilean flamingo named Peachy back to his hotel room.

Fairbarn now faces up to four years in prison on the felony charge and up to six months in jail on the misdemeanour charge. His sentencing hearing is scheduled for Dec. 1, according to U.S. media reports.

Fairbarn has been under house arrest while awaiting the outcome of the case and has been unable to return to Canada. A judge previously rejected a request to ease his release conditions.

During the trial, prosecutors presented surveillance footage showing Fairbarn carrying the bird through a hotel elevator and hallway. Other video and photographs were presented as evidence of what happened during the incident.

Prosecutors argued that Fairbarn deliberately caused the bird physical pain, pointing to footage of him handling Peachy and feathers found on the hotel floor.

When Peachy was recovered, the bird was missing several feathers, had blood on its feathers and had sustained wing injuries, authorities said.

Fairbarn’s defence lawyer, Josh Tomsheck, argued that his client had been intoxicated and made a reckless decision but did not intend to hurt the bird.

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Fairbarn also testified during the trial, describing the incident as a drunken prank. He acknowledged the bird had been hurt and said he was taking responsibility, according to reporting from Las Vegas television station FOX5.

Peachy has since recovered physically, but the bird’s veterinarian said it has become more anxious and nervous during examinations.

The case has also had personal consequences for Fairbarn. Prosecutors told the court he received death threats after the incident and was unable to return to Canada when his father died while he was awaiting trial.

The conviction brings the trial to a close, but Fairbarn’s legal proceedings are not over. He remains subject to court-imposed conditions while awaiting sentencing in December.


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