Blog Entry

Report: Harvey Updyke rejects 13-year plea deal

Posted on: January 20, 2012 7:13 pm
Edited on: January 20, 2012 7:28 pm
 

Posted by Jerry Hinnen

Accused tree-poisoner Harvey Updyke has rejected a plea deal that would have sent him to prison for 13 years and -- maybe more importantly where Updyke is concerned -- prohibited him from ever attending another Alabama sporting event. 

ESPN's Mark Schlabach reported Friday that Updyke declined the plea deal "earlier this month." Updyke is scheduled to go to trial for poisoning Auburn's beloved Toomer's Corner oak trees in the Lee County (Ala.) Circuit Court March 5, but current Updyke attorney Everett Wess has requested a delay in the trial, a change of venue, and a recusal from the presiding judge.

Wess is asking that the trial be moved out of Auburn and that judge Jacob Walker III step down over his participation in an Auburn season ticket pool.

Updyke was indicted last May on two felony counts of criminal mischief, two misdemeanor counts of desecrating a venerable object and two more felony counts of an Alabama law that prohibits vandalizing or stealing any property on or from an animal or crop facility. Updyke could face as much as 42 years in prison if convicted on all counts.

Though Updyke has maintained his innocence, he has also admitted to being "Al from Dadeville," the Paul Finebaum radio show caller who boasted he had poisoned the oaks in late December 2010. Updyke has since called into the show multiple times to apologize for his actions, leading to a break with his fourth attorney, Glennon Threatt. 

The oaks are not expected to survive, forcing Auburn to search for options to keep the traditional rolling of Toomer's Corner intact. The most likely approach, as recommended this week by the Committee to Determine the Future of Rolling Toomer’s Corner, will be for the oaks to be replaced by similar-sized trees once the chosen saplings have grown large enough, and for a temporary object or objects -- like some kind of wire structure -- to be used as a temporary solution until the trees are ready.

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Comments

Since: Nov 9, 2008
Posted on: January 20, 2012 8:49 pm
 

Report: Harvey Updyke rejects 13-year plea deal

A person gets no more than 1 year in prison for 1st degree sexual abuse in Alabama... and 13 for killing trees. http://www.arte-sana.com/articles/r

ape_statutes.pdf



Since: Nov 29, 2006
Posted on: January 20, 2012 8:48 pm
 

Report: Harvey Updyke rejects 13-year plea deal

donte stallworth literally murders another human being and gets 30 days. this stupid redneck kills some trees and could get 42 years. wtf?



Since: May 18, 2009
Posted on: January 20, 2012 8:46 pm
 

Report: Harvey Updyke rejects 13-year plea deal

You mean to tell me that it is actually plausable that someone will go to jail for a longer period of time for killing a tree than murder of an actual human being! What is wrong with your Judicial system down in the U.S. I'm not saying ours is much better here in Canada. But 13 years for a TREE!!! Are you people insane?  Anyone who conmdones this guy to 13 years ought to have their own heads checked in a psychiatric facility. Ban this guy from all Auburn games, make him pay 100k , throw in community service with probation and call it a freaking day already will ya's.



Since: Mar 17, 2008
Posted on: January 20, 2012 8:33 pm
 

Report: Harvey Updyke rejects 13-year plea deal

I would have told them to shove the plea bargain too...

13 years?!  Are you kidding me?  I don't care how important it is to some people, its still just a tree.  At the worst, this is a case of vandalism.  As stupid as this guy is, I feel bad for him that they're attempting to stick him with 13 years of imprisonment.  Losing your freedom is a huge deal and people shouldn't be losing it for destroying a tree. 



Since: May 29, 2009
Posted on: January 20, 2012 8:24 pm
 

Report: Harvey Updyke rejects 13-year plea deal

13 years for killing a couple trees?!?!?  Please tell me this is a joke.  Talk about a complete and utter waste of tax dollars.  HE KILLED SOME TREES!!!!  WHO CARES.  Make him pay restitution........end of story.

People get less time time for killing a human being.  How in the world could his PLEA DEAL be 13 years in jail?!?!  This boggles my mind.  Our justice system is really f'ed up.



Since: Dec 24, 2011
Posted on: January 20, 2012 8:21 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Shouldn't they have to wait find out if the trees die or not before the trial? I mean, if you poison someone and they don't die, you don't get charged with murder. And, even if they do die, isn't 13 years in prison a bit stiff? There are rapists and murderers who don't get that bad of a sentence. I'd make the guy pay Auburn $25,000 in damages, wear an Auburn jersey in public every day for a year, and fly an Auburn flag in his front yard for life. If that was his sentence, he might choose prison instead!



Since: Jul 15, 2011
Posted on: January 20, 2012 8:07 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Guess when you're facing a potential 42-year sentence 13 years might be worth considering.  That said, I'd pay $42 toward somebody's fine if they'd terminate that stupid Stanford tree mascot.



Since: Nov 9, 2006
Posted on: January 20, 2012 7:47 pm
 

Report: Harvey Updyke rejects 13-year plea deal

Too bad he isnt rich, he could just do as Donte Stalworth did when he killed a man. Fucking trees people. But it is Bama. 



Since: Jun 22, 2008
Posted on: January 20, 2012 7:47 pm
 

Report: Harvey Updyke rejects 13-year plea deal

I don't mean to be insensitive to nature....but 13 years for trees?  People are killed from drunk drivers etc. and don't get 13 years....the guys a complete idiot but, but I wouldn't plea to that either
Don't you know that we have to keep the prisons full?  How else will private prisons make money?



Since: Jun 19, 2011
Posted on: January 20, 2012 7:42 pm
 

Report: Harvey Updyke rejects 13-year plea deal

I don't mean to be insensitive to nature....but 13 years for trees?  People are killed from drunk drivers etc. and don't get 13 years....the guys a complete idiot but, but I wouldn't plea to that either


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