The verdict

A jury in Las Vegas found Mitchell Fairbarn guilty of animal cruelty on Monday, 19 October, after roughly five hours of deliberation. He was convicted on felony and misdemeanour charges. The 34-year-old Canadian from Ontario is due to be sentenced on 1 December, and until then he remains in Las Vegas and is barred from leaving the United States. Accounts of the possible penalty vary, with some putting it at up to four years, others at about four and a half years, and one at nearly five years.

The theft at the hotel

Fairbarn took Peachy, a 27-year-old Chilean flamingo, from its enclosure at the Flamingo Las Vegas Hotel and Casino in March. Die Welt gives the date as 3 March. Footage shown at the trial shows him carrying the bird into a lift and along a corridor to his room. The enclosure, on the Las Vegas Strip, is open to visitors free of charge and also houses hummingbirds, turtles and koi carp. Hotel security noticed the bird was missing and alerted police. When officers found Peachy, it had blood on its feathers, injuries to one wing and seven or eight feathers missing, and feathers were also found on the floor of Fairbarn's room. Prosecutors argued he acted while drunk and deliberately inflicted pain on the bird.

The defence and the bird's recovery

Defence lawyer Josh Tomsheck said his client was intoxicated, regretted his decisions and never meant to hurt the flamingo. Fairbarn testified that he had drunk 30 to 40 beers within 24 hours before the incident, and he told the court he believed the bird was in distress. Tomsheck put the defence bluntly:

“The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions.”

Tomsheck also said his client had received death threats since his arrest. Veterinarian Tiffany Moore told the court that Peachy has largely recovered physically but is now more anxious and nervous during examinations.

What happens next

Fairbarn cannot leave the United States, and reports say he was unable to travel to Canada for his father's funeral. The prosecutor acknowledged that the restrictions must be hard on him but said he alone was responsible for the consequences of his actions. Nevada animal rights advocate John Waudby said he hoped the case would deter anyone tempted to interfere with animals in the state. The sentence itself will be set at the hearing on 1 December, when the court will decide between the penalties reported so far.