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: Sep 25, 2006
Posted on: January 21, 2012 9:54 am
 

Report: Harvey Updyke rejects 13-year plea deal

RaiderDuck, you're still an idiot. It's not even like 13 years was the upper bounds of the sentence, it's being offered as a PLEA deal. Get real. Yes you might be able to call this malicious destruction of property, a felony, but once again at the worst it should be 6 months in jail or probation.  How can you ask people to respect the law when it punsishes chumps like this to the max for some petty crime and lets the banksters go scot free, or illegal aliens who've broken the law multiple times (crossing the border, ID theft, etc.) not only don't get deported or jail time, but get handed tax-payer funded goodies?



Since: Sep 25, 2006
Posted on: January 21, 2012 9:48 am
 

Report: Harvey Updyke rejects 13-year plea deal

Write the prosecutor (in semi-polite terms) and tell them what a miscarriage of justice and a waste of tax payer funds this is. This tells you how out of control college sports have gotten when there's people tea bagging people they don't know in public because they wear the other team's colors, and prosecutors are equating this tree stuff with murder.   




Since: Feb 1, 2007
Posted on: January 21, 2012 9:40 am
 

Report: Harvey Updyke rejects 13-year plea deal

This is ridiculous.  13 years for killing a tree?  Get the f out of here.  I have seen many manslaughter cases with lighter sentences.  Do we really value a flipping tree over a human life?  Before you act like a douche say yes, the human could be your child.



Since: Jan 20, 2008
Posted on: January 21, 2012 9:37 am
 

Report: Harvey Updyke rejects 13-year plea deal

 

Report: Harvey Updyke rejects 13-year plea deal

Raiderduck...your an Idiot!
Word to the (not-so) wise: When you call someone an idiot, it undercuts your message if you can't spell "you're" correctly.

Now, on to the newest edition of Fans the Crimson Tide Wishes Would Just Go Away: Updyke's facing this long of a term because it was a conscious, deliberate act of violence against property. This isn't a fight ending in a death, where it's sometimes hard to tell who provoked who, and where things got out of hand. This isn't a situation where someone was driving their car and hit somebody by accident.

Harvey Updyke went to a store and deliberately bought enough Spike 80DF to kill 80 healthy trees. He then snuck on to the Auburn campus and poured it all into the soil around two old and decrepit trees, no doubt digging holes to make sure it got to the roots. There is nothing accidental about this. There is no possibility of "Maybe he was doing something innocent, and it just got out of hand." This was a deliberate act of sabotage, if not eco-terrorism. The long sentence is meant to deter to the next numbskull who might think of trying something like this.

Do I think the proposed sentence is excessive? Yes. Is Updyke enough of a moron that it's hard to care what happens to him? YES.



Since: Sep 25, 2006
Posted on: January 21, 2012 9:37 am
 

Report: Harvey Updyke rejects 13-year plea deal

13 year plead deal? Are you kidding me, that's idiotic. There's people who've gotten less time for 2nd degree murder. Not to mention all the banksters and illegal aliens. This is retarded. I am thinking 30 days in jail and a large fine is appropriate. What the heck is wrong with this country?



Since: Dec 4, 2010
Posted on: January 21, 2012 9:28 am
 

Report: Harvey Updyke rejects 13-year plea deal

"Desecrating a venerable object"......."vandalizing or stealing any property on or from an animal or crop facility".  Really? These are felonies?  13 - 42 years? How long have these laws been on the books? Since the Emancipation Proclamation?  Updyke is obviously deranged.  A product of the 'tradition' of the Auburn vs Bama rivalry no doubt.  Helter Skelter.  But a felon?  6 Months tops plus Comm Serv.  Get a life.... good people of Auburn



Since: Jan 30, 2008
Posted on: January 21, 2012 9:25 am
 

Report: Harvey Updyke rejects 13-year plea deal

I don't think Auburn has produced an prosecutors!!!!  HAHA!!!



Since: Sep 19, 2006
Posted on: January 21, 2012 9:20 am
 

Report: Harvey Updyke rejects 13-year plea deal

This is an absolute JOKE that he is even facing jail time---criminals receive less for killing people!! Give him a hefty fine and make him replace the tree and perform community service on the Auburn campus. The prosecuter in this case must be an Auburn alumni.



Since: Aug 24, 2006
Posted on: January 21, 2012 9:17 am
 

Report: Harvey Updyke rejects 13-year plea deal

Here is the dilema I have with this. If you give him no jail time, then you are sending a message what he did, poison trees and kill them, is not a punishable offence. Also, if he feels that he got away with it, what's next? What or who will he kill next time? A message needs to be sent here. Bottom line, if he gets no prison time, this man cannot be allowed to attend another Alabama sporting event, ever. I think this is punishment enough for him. Personally, I think he should go to prison, but not for 41 years or even 13 years. Give him 5, he'll sever 1 and a half, and never go to an Alabama sporting event again. Good riddance, moron.



Since: Jun 5, 2011
Posted on: January 21, 2012 9:06 am
 

Report: Harvey Updyke rejects 13-year plea deal

Updyke is a bleeping moron, but 13 years is ridiculous.  I think he should get thirty days in jail, and then have to do janitorial and maintenance work at Auburn for minimum wage until they are compensated for the damages.  

His life is already ruined; even Bammer fans think he is an idiot.  He has exposed himself as a pathetic fool with an IQ in the 80's.  At this point, more than thirty days in jail is just "piling on."


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