A judge warned a lawyer Monday that there would be no second chances for a Canadian tourist accused of bird-napping and torturing a flamingo at a Strip resort.
“You need to admonish your client that if he has a single violation while he’s out on bail and electronic monitoring that was set by the judge in initial appearance court, he is going to be remanded without bail in this case,” said Las Vegas Justice of the Peace Harmony Letizia.
Mitchell Fairbarn, 33, who did not appear before the judge, faces four counts of torturing, maiming or killing an animal kept for companionship or pleasure.
Police said that early Tuesday morning, Fairbarn entered the flamingo habitat at the Flamingo resort and took a bird back to his room.
Peachy, the 27-year-old flamingo that was injured, is expected to recover, a veterinarian who treated her said.
Letizia seemed surprised that Fairbarn, who is no longer listed as an inmate at the Clark County Detention Center, was not present.
“I was expecting him here,” she said. “He’s on high-level electronic monitoring.”
Las Vegas Justice of the Peace Suzan Baucum ordered at a Wednesday hearing that Fairbarn’s bail would remain at $12,000, the booking amount for his charges.
She told Fairbarn that he would be subject to high-level electronic monitoring and be required to surrender his passport, stay away from the Strip and not possess animals.
Defense attorney Jason Carr said that although Fairbarn does not live locally, his understanding was that Fairbarn had the ability to stay in the jurisdiction for the next 90 days.
Baucum noted last week that Fairbarn indicated in court papers that he earns a monthly income of $100,000
The Metropolitan Police Department said in a report that Fairbarn’s cellphone contained photos and videos of him torturing a flamingo in his hotel room by choking it and throwing it to the floor while laughing. In one video, he choked a flamingo’s neck as the bird screamed and cried, records indicated.
“Fairbarn is seen laughing in the video and says ‘I’m taking it home’ as he walks back to his room,” police said in his arrest report.
He also clipped the wing of a bird he was chasing and trying to pin down in the habitat, causing the bird to suffer pain and require stitches, according to the report.
Fairbarn’s next hearing is scheduled for May 6.
Contact Noble Brigham at nbrigham@reviewjournal.com.
