LAS VEGAS (KTNV) — UPDATE:
A judge in August denied the defense's motion to remove Mitchell Fairbarn from house arrest, saying he is a flight risk because he is from Canada.
The defense argued that Fairbarn has fallen into financial hardship due to not being able to work, as he is responsible for 15 employees. The defense said that he has had no violations or issues with reporting since being on house arrest.
"Due to his unique circumstances, his track record of compliance, complete lack of criminal history and the unnecessary restriction this requirement places upon Mr. Fairbarn, his family and his business, counsel hereby requests that the condition of house arrest be vacated and the defendant be released from electronic monitoring with an amendment to include regular Pretrial Compliance Unit (PCU) check-in so that he can be allowed to be present in his children’s lives and attend to his work obligations to provide for his employees and family," the motion read in part.
The judge said because of his ties to Canada — including living there his entire life, having family there and working there — there are concerns that he would never return to Nevada to face the criminal charges against him.
"Simply put, Mr. Fairbarn would likely be able to live his life in Canada as if nothing happened," the judge said.
Fairbarn is scheduled to be back in court on Oct. 6, with a jury trial scheduled to begin on Oct 12.
ORIGINAL STORY:
The Canadian tourist accused of injuring several flamingos on the Las Vegas Strip has pleaded not guilty to animal cruelty charges.
On Tuesday, Mitchell Fairbarn appeared in court and entered that plea.
Fairbarn was arrested after video surveillance showed him allegedly grabbing a flamingo from the habitat at the Flamingo resort and casino just after 5 a.m. on March 4. Additional videos and photos also showed him choking a flamingo, authorities previously said.
"Fairbarn is seen laughing in the video and says 'I'm taking it home' as he walks back to his room, depicting a big 'Fairbarn' tattoo on his upper back," an arrest report reads in part.
CONTINUING COVERAGE: Man charged with animal cruelty after allegedly harming flamingos
When police spoke with Fairbarn, the arrest report said he told officers he entered the habitat because he saw a flamingo in distress. He stated he "popped" its wing back into place, despite various signs warning the public not to enter the habitat. Authorities stated that when he did that, he injured the bird's wing and ruptured its blood supply.
According to the arrest report, Fairbarn admitted to his action being "repulsive" and stated he "doesn't remember chasing the other flamingos around, due to his level of intoxication."
The flamingos involved in the incident have since recovered from their injuries.
As for Fairbarn, he's due back in court on Oct. 6.
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