Posted on 08/15/2019 4:49:27 PM PDT by BenLurkin
Lee County District Attorney Brandon Hughes tells WRBL-TV that Harvey Updyke is being ordered to appear in court Oct. 30 to explain himself.
Updyke served more than 70 days in jail in 2013 and was ordered to pay about $800,000 in restitution after admitting to poisoning trees at Toomer's Corner in Auburn. Fans traditionally rolled the trees with toilet paper after a win.
(Excerpt) Read more at wsfa.com ...
What’s the interest on that?
You aren’t a real American if you don’t have an SEC team to hate.
... You aren’t a real American if you don’t have an SEC team to hate.
That which you hate controls you /duck
What? Like a Bronco Bama fan?
I don’t have a dog in this fight but anyone who destroys stately old trees for such a childish reason just doesn’t belong loose.
Hey! That’s me! My two favorite football teams are the Denver Broncos and the Alabama Crimson Tide!!!
Inject this complete waste of perfectly good oxygen with tree sap just to see what happens.
Got to thinking that $800K restitution for the destruction of the oak trees was a bit steep and the article was a little thin on details, so I did some digging around and found some background links:
https://www.cbsnews.com/news/alabama-fan-receives-3-years-for-auburn-tree-poisoning/
Updyke pleaded guilty and was sentenced to 3 years in jail (did 6 months); 5 years probation, $1k fine and restitution. The article explains what restitution consists of a lot more than just two oak trees and the fact that it is punitively doubled under Alabama law.
http://www.auburn.edu/communications_marketing/oaks/oaks_updates.html
Detailed timeline on Auburn University’s efforts to save the trees ($$$ for the restitution tab) and the ultimate decision to cut them down because they cannot the saved. Timeline also covers planting the replacement trees as well.
Story update when Updyke completes the 6 month mandatory jail portion of his sentence. State prosecutors say they want $1 million in restitution; defense lawyer calls the amount excessive and demands a hearing on it. (So $800K may be the reduced amount?)
https://www.cnn.com/2016/09/26/us/auburn-university-toomers-corners-oak-trees-burned-lsu/index.html
One of the oak trees (replaced in 2015) is burned by a drunk at a post-game victory celebration. School officials don’t know if the tree will survive yet.
So Mr. Updyke is behind on his payments and the payments may be excessive because of 1) the doubling effect of Alabama law and 2) all the high dollar academic and government experts (and outside contractors) involved in the effort.
Got no pity for him having to pay especially given his LEO background. But everybody involved in this case knew from the beginning that he is never even going to get close to paying off $800k on a retired Texas state trooper pension. I’m sure the law varies from state to state but there are probably prohibitions against impoverishing the payee in these cases. Bankruptcy is no help because monies owed to the government are exempt from write-off.
Go fund me? Die in debt?
In any event, Mr. Updyke needs to start paying something even if it is not the agreed to full monthly payment.
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