authorities said. Taking the bird was dumb and fueled by drunkenness, defense attorney Josh Tomsheck said. But Tomsheck added that his client never intended to hurt the bird, a key element in the felony charge. He should not have done that, should not have gone into the habitat, shouldn't have touched a bird, shouldn't have taken Peachy inside, Tomsheck said. The truth is, Mitch was drunk. Mitch was stupid. He made bad decisions. Fairbarn could be seen in court at one point with head lowered, hands covering his eyes. The man had received death threats after taking the flamingo, and he was unable to leave the U.S. when his father died while Fairbarn was awaiting trial, said Clark County prosecutor Haley Willming. While those events were unfortunate, the prosecutor said, none of that would have happened had he not done what he did, had he not made the choices he made. Jurors began deliberating shortly before midday after closing arguments were presented Monday morning. Nevada animal rights advocate John Waudby, who recently helped strengthen the state's animal cruelty laws, said he believes justice was delivered on Peachy's behalf. I hope this sends a message to anybody else that wants to mess with our animals, that you're not going to do it in Nevada, he said outside the courtroom after Monday's verdict.