Canadian man who took a bird from Las Vegas' Flamingo casino could face prison if convicted

LAS VEGAS (AP) — A visitor from Canada maliciously harmed a flamingo at an iconic Las Vegas hotel by removing the bird from its enclosure and taking it to his room earlier this year, prosecutors said Monday at the man's trial.

His attorney said it was a drunken act and no harm was intended.

Mitchell Fairbarn of Ontario is charged with two counts of felony animal cruelty in Nevada district court. Authorities allege that on March 3, he entered the flamingo habitat at the Flamingo Las Vegas Hotel and Casino and took a bird named Peachy.

Video played at the trial showed Fairbarn holding the flamingo in an elevator and carrying it down a hotel hallway.

Fairbarn faces up to five years in prison on each count if convicted of felony animal cruelty. If jurors should find him guilty on the lesser charge of misdemeanor animal cruelty, he faces up to six months in jail on each count.

Prosecutors said Fairbarn willfully caused the bird physical pain, noting feathers were found on the hotel floor and video showed the bird squawking while Fairbarn handled it.

But defense attorney Josh Tomsheck said his client regrets his actions while intoxicated and never meant to harm the bird, a key element in the felony charge.

Jurors were expected to begin deliberations after both sides presented closing arguments Monday morning.

Fairbarn has been unable to leave the U.S. since the incident.