'Silly Pranky Joke' After 40 Beers: Tourist Found Guilty of Animal Cruelty Over Las Vegas Flamingo

A Canadian tourist who took a flamingo named Peachy from a Las Vegas hotel enclosure has been convicted of animal cruelty after telling jurors he had consumed an estimated 30 to 40 beers before the incident.

Mitchell Fairbarn, 34, from Ontario, was found guilty on Monday, 19 October 2026, of felony and misdemeanour animal cruelty. A Clark County jury deliberated for about five hours before reaching its verdict.

Prosecutors said Fairbarn injured and frightened Peachy, a 27-year-old Chilean flamingo, after removing the bird from its habitat at the Flamingo Las Vegas Hotel and Casino on 3 March. Fairbarn's defence argued that he had acted foolishly while drunk but had not intended to harm the animal.

Evidence of Peachy's Injuries

Veterinarian Tiffany Moore, medical director of Lone Mountain Animal Hospital, described injuries that included seven to eight lost feathers, damaged feather shafts and blood on the feathers. Peachy was recovering physically but had become more anxious during veterinary assessments, according to the Associated Press.

Prosecutors pointed to feathers found at the scene and security footage showing the flamingo squawking as Fairbarn handled it. The footage showed him carrying the bird through the hotel, including in an elevator and along a corridor. Prosecutors argued that his actions caused the bird pain and fear.

Fairbarn denied knowing how the feathers were lost. During cross-examination, he acknowledged that the footage 'doesn't look good', accepted that Peachy was injured and said, 'I'm taking responsibility.' He nevertheless disputed that he had intended to hurt the bird.

Fairbarn's 'Silly Pranky Joke'

Fairbarn testified that he had travelled to Las Vegas for ConExpo, a construction trade show where he said he had been asked to represent Canada. He told the court he had been unsure about travelling after his father was diagnosed with cancer in December 2025.

He said he had spent about 24 hours gambling and drinking before entering the flamingo habitat at around 5am on 3 March. His estimate was that he had consumed between 30 and 40 beers. He acknowledged that he knew he should not have entered the enclosure.

Fairbarn said he initially went inside after noticing a flamingo whose wings appeared uneven. He testified that he sat beside a bird before taking Peachy for a photograph, describing the act as a 'silly pranky joke'. He said he wrapped the flamingo in his shirt while moving through hedges, intending to protect it from scratches.

He told jurors he kept Peachy in his room for two or three minutes before leaving the bird in a hallway. He said he was changing clothes to return it when he was arrested. Defence attorney Josh Tomsheck described the episode as 'dumb' and 'fueled by drunkenness', arguing that Fairbarn had made reckless decisions but had not intended to injure Peachy.

Sentencing Due in December

The jury found Fairbarn guilty of one felony and one misdemeanour animal-cruelty count. According to FOX5 Las Vegas's account of the prosecution's closing arguments, one count concerned conduct inside the habitat and the other related to the bird's treatment afterwards.

Fairbarn remains under house arrest in the United States pending sentencing. He has been unable to return to Canada while the case has proceeded, according to published reports.

Peachy's physical condition has improved, although the veterinarian reported that the bird remained more nervous during assessments. The case focused on the harm caused by handling the flamingo and whether Fairbarn's conduct met the legal threshold for the offences.

Fairbarn is due to be sentenced on 1 December 2026. He faces a maximum of four years in prison for the felony conviction and up to six months for the misdemeanour count, the Associated Press reported. The sentence has not yet been imposed.