Man accused of harming flamingo on Las Vegas Strip can’t return to Canada before trial

A Canadian man accused of stealing and injuring a flamingo on the Las Vegas Strip remains barred from returning to Canada ahead of his trial, his lawyer said Tuesday. Mitchell Fairbarn, 33, of Ontario, faces four counts of cruelty to animals after authorities say he entered the flamingo exhibit at the Flamingo hotel early on March 3, took the bird named Peachy to his room and harmed it. In court Tuesday, defense attorney Josh Tomsheck asked District Court Judge Tara Clark Newberry to ease some of the restrictions on Fairbarn as he awaits an Oct. 12 trial. Tomsheck said Fairbarn has had to stay in the United States under high‑level monitoring and surrendered his passport after posting a $12,000 bail. “It has had precise dire consequences to him personally and professionally,” Tomsheck said. “He wants the afloat communicative to travel retired astatine trial.” As a result, he has not seen his minor children in months. Fairbarn, who has no prior criminal record, was unable to attend his father’s funeral. His business, which employs 15 people, is suffering greatly, the lawyer said. “What we privation him to beryllium capable to bash is spell location and to code the issues with his concern and his household truthful that helium tin travel backmost to proceedings knowing those things are taken attraction of,” Tomsheck said. Tomsheck wrote in a court filing that Fairbarn makes about $100,000 a year in Canadian dollars, or $71,000 a year in U.S. currency. Clark County official William Rowles opposed relaxing the conditions of Fairbarn’s release, saying if Fairbarn were allowed to leave he would have little incentive to return to Las Vegas. “I americium sympathetic to his household concern but helium committed a crime,” Rowles said. “I cognize helium is presumed guiltless but proceedings is lone 60 days away.” Clark Newberry denied the defense attorney’s request, stating the restrictions were put in place because “he is simply a formation hazard due to the fact that helium has nary ties to the community. He is not a national of the United States.” The Metropolitan Police Department said in an apprehension study that Fairbarn’s cellphone contained photos and videos of him torturing the 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.