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: Aug 16, 2006
Posted on: January 21, 2012 11:52 am
 

Report: Harvey Updyke rejects 13-year plea deal

Really?  Must be a hella slow news week.  Tree killing? 



Since: May 21, 2009
Posted on: January 21, 2012 11:44 am
 

Report: Harvey Updyke rejects 13-year plea deal

I'm hardly a tree-hugger, but I don't think 13 years is enough. Allow me to climb onto my soapbox and explain why. To some, he just poisoned some trees. No big deal. But to me, it's more than that. Far too often, we're an arrogant, selfish, destructive and toxic force. We are killing this planet faster than many people want to admit to. I have a problem with that. We have no respect for anyone or anything other than ourselves. I also have a problem with that. If we don't learn to share and grow the land with other living things (trees are living things), future generations can enjoy our perceived superiority while they freeze and starve to death.



You (and your reasoning) are completely insane.
Driving a car also is bad for the environment. Maybe it should be a jailable offense.



Since: Oct 6, 2006
Posted on: January 21, 2012 11:38 am
 

Report: Harvey Updyke rejects 13-year plea deal

Correction: Reyes was on his way to the bus stop from work.

Reyes had worked all night at his job with the shipping company Bernuth Agencies, located just feet from the crash. 



Since: Oct 6, 2006
Posted on: January 21, 2012 11:35 am
 

Report: Harvey Updyke rejects 13-year plea deal

the garet,

For the record, Donte Stallworth ran over a guy who was crossing the road on his way to work. I agree with you on your point, but don't belittle the man's existence. 



Since: Oct 22, 2007
Posted on: January 21, 2012 11:34 am
 

Report: Harvey Updyke rejects 13-year plea deal

It's not trees here that people are concerned about, nor is it the environment; it's just the symbolism. Really, if people in Auburn were that concerned about trees, wouldn't they stop wasting all that toilet paper every year?



Since: Oct 7, 2006
Posted on: January 21, 2012 11:34 am
 

Report: Harvey Updyke rejects 13-year plea deal

"This man is going to wind up going to jail for years while doing something dumb like Killing a tree. But people can Kill their babies for free? Ridiculous."

Free? Nah, it cost $500-$700.



Since: Dec 27, 2010
Posted on: January 21, 2012 11:29 am
 

Report: Harvey Updyke rejects 13-year plea deal

I know what he did hurt a lot of people and takes away a lot of memories from people who enjoyed Tommer's Corner. But 13yrs is a bit much. A big hefty fine, 6 or 12 months of community service, and several years of probation is what I believe would be fair for what he did.



Since: May 5, 2010
Posted on: January 21, 2012 11:28 am
 

Report: Harvey Updyke rejects 13-year plea deal

Let's see...

Casey Anthony kills her two year old daughter and gets 3 years in prison... and

Donte Stallworth runs over a hobo and gets 30 days in prison... and

Andrea Yates does ZERO days in prison for drowning her 5 children... and

Dena Schlosser does ZERO days in prison for cutting the arms off her 10 month old... BUT

KILLING TREES gets you 13 YEARS? Stupid. 




Since: Sep 5, 2006
Posted on: January 21, 2012 11:12 am
 

Report: Harvey Updyke rejects 13-year plea deal

I'm hardly a tree-hugger, but I don't think 13 years is enough. Allow me to climb onto my soapbox and explain why. To some, he just poisoned some trees. No big deal. But to me, it's more than that. Far too often, we're an arrogant, selfish, destructive and toxic force. We are killing this planet faster than many people want to admit to. I have a problem with that. We have no respect for anyone or anything other than ourselves. I also have a problem with that. If we don't learn to share and grow the land with other living things (trees are living things), future generations can enjoy our perceived superiority while they freeze and starve to death.




Since: Dec 25, 2006
Posted on: January 21, 2012 11:10 am
 

Report: Harvey Updyke rejects 13-year plea deal

I'd reject that too. Come on it's a tree for cripes sake. The drunken moron that stole Ripkins # 8 from Camden Yards got a 2 year suspended sentence and community service. What's next an impact statement from the tree's family members ? Also , I'm sure plenty of trees were sent to their untimely deaths in the framing up of the courthouse and surrounding buildings. Paleeze !


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