LAS VEGAS (FOX5) — A Clark County District Court judge denied a motion to modify the release conditions of a Canadian man charged with harming flamingos at the Flamingo Las Vegas, according to court records.
Mitchell Fairbarn is facing animal-abuse related charges after police say he trespassed onto the Flamingo Hotel and Casino’s flamingo habitat on March 3 to harass and injure multiple birds. According to an arrest report, Fairbarn admitted his involvement before his arrest, but believed he was helping the animals.
MORE ON FOX5: Duane ‘Keffe D’ Davis found guilty in Tupac Shakur murder trial
Fairbarn filed a motion on Aug. 12, asking the court to remove the electronic monitoring condition. According to the motion, Fairbarn is a Canadian citizen who lives in Sunderland, Ontario, and was in Las Vegas for a work-related conference at the time of the incident. The motion states he is self-employed as a civil contractor for a company he started in 2014 that employs about 15 people and is his family’s sole source of income.
The motion also states Fairbarn has remained compliant with house arrest, has had no violations or reporting issues, and contacts his supervising officer when required.
According to the motion, Fairbarn has been unable to see his three minor children since the case began and was unable to be present with his father, with whom he had a close relationship, at the time of his father’s death or to attend his father’s funeral. The motion also states his house arrest has caused financial hardship affecting his 15 employees.
The state filed an opposition on Aug. 24, arguing the motion should be denied. The state argued Fairbarn is a flight risk, citing his lack of ties to Nevada. According to the filing, Fairbarn has lived in Canada his entire life, and his family and employment are in Canada. The opposition states that because Fairbarn posted a cash bond rather than using a bond company, no bounty hunters would search for him if he failed to appear, and that American law enforcement lacks jurisdiction in Canada.
Following arguments from both attorneys at the Aug. 25 hearing, the court denied the motion to modify conditions of release and ordered that the conditions remain in place, according to court minutes.
Fairbarn is due back in court on Oct. 6.
Copyright 2026 KVVU. All rights reserved.
