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  1. #40
    BamaNation All-SEC
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Crimson1967 View Post
    That's my issue with him. I go on other boards and people call us Updykes. Makes me want to puke.
    Thank Harvey Updike for that. He is a moron and an embarrassment.

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  3. #41
    BamaNation First Team Drewy26's Avatar
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    Re: Truth behind the trees at auburn.

    I am on record as clearly stating that I am ashamed that Harvey Updyke is associated with my University in any way. I think he redefines the word loser and I would say that directly to his face.

    The law is the law, and here is why the State of Alabama (through the Lee County DA's office) can't convict him of Felony Criminal Mischief, as charged (and as wished for by so many Auburn supporters)

    The statute defining Criminal Mischief (Alabama Code 13A-7-20 - 13A-7-23) defines the offense as follows:

    "with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property."

    The degree (and therefore the severity of potential punishment) is determined by the value of the property damaged. First Degree Criminal Mischief (Class C Felony) requires damage in excess of $2,500; Second Degree Criminal Mischief (Class A Misdemeanor) requires damage of between $501 and $2,500; and Third Degree Criminal Mischief (Class B Misdemeanor) requires damage not exceeding $500.

    How does one determine the value of a tree? Alabama Code 35-14-1 sets the value:

    Any person who cuts down, deadens, girdles, boxes, destroys or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory or wild cherry tree, or sapling of that kind, on land not his own, wilfully (sic) and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed or taken away by any person, he must pay to such owner the sum of $10.00. (Code of Alabama, 35-14-1)
    Of course, the trees could be defined as "Ornamental trees:"

    Any person who cuts down, digs up, girdles, destroys or mutilates any fruit tree or ornamental tree, or shrub, bush or plant which is inclosed on premises not his own, wilfully (sic) and knowingly, without the consent of the owner, must pay to such owner $15.00 for every such tree, shrub or plant. (Code of Alabama, 35-14-2.)

    Even under the worst case scenario, Updyke is only guilty of a Class B Misdemeanor, Criminal Mischief, Third Degree.

    The maximum punishment for a Class B Misdemeanor is 6 months in jail (Code of Alabama, 13A-5-7) and a fine of not more than $1,000 (Code of Alabama, 13A-5-12.) Considering the time he has spent in jail awaiting his psychological evaluation, he has probably already met or exceeded the maximum jail time possible for his offense.

    It seems to me that the Lee County DA overcharged the case. I can't say why this happened but they are now painted into a corner. They can't win a felony conviction at trial, and they can't risk the PR nightmare that would follow if they allowed a plea to a misdemeanor.

    The whole thing makes for good theater, but the eventual outcome is obvious, and Auburn supporters won't be happy when Updyke walks out of the Lee County Justice Center free and clear, having served his debt to society.
    Last edited by Drewy26; February 5th, 2013 at 04:50 PM. Reason: Remove inappropriate emoticon

  4. #42
    BamaNation First Team bamadp's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Crimson1967 View Post
    That's my issue with him. I go on other boards and people call us Updykes. Makes me want to puke.
    Consider the source. The same people used to call us "Gumps". There are still a lot of folks around the country outside of Alabama that think Forrest Gump was a real football star at Bama. The power of the media...they can make Harvey Updyke a typical Bama fan and Forrest Gump a real person.
    If anything goes bad, I did it. If anything goes semi-good, we did it. If anything goes really good, then you did it. That's all it takes to get people to win football games for you. - Coach Paul "Bear" Bryant

  5. #43
    BamaNation First Team bamadp's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Drewy26 View Post
    I am on record as clearly stating that I am ashamed that Harvey Updyke is associated with my University in any way. I think he redefines the word loser and I would say that directly to his face.

    The law is the law, and here is why the State of Alabama (through the Lee County DA's office) can't convict him of Felony Criminal Mischief, as charged (and as wished for by so many Auburn supporters)

    The statute defining Criminal Mischief (Alabama Code 13A-7-20 - 13A-7-23) defines the offense as follows:

    "with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property."

    The degree (and therefore the severity of potential punishment) is determined by the value of the property damaged. First Degree Criminal Mischief (Class C Felony) requires damage in excess of $2,500; Second Degree Criminal Mischief (Class A Misdemeanor) requires damage of between $501 and $2,500; and Third Degree Criminal Mischief (Class B Misdemeanor) requires damage not exceeding $500.

    How does one determine the value of a tree? Alabama Code 35-14-1 sets the value:



    Of course, the trees could be defined as "Ornamental trees:"




    Even under the worst case scenario, Updyke is only guilty of a Class B Misdemeanor, Criminal Mischief, Third Degree.

    The maximum punishment for a Class B Misdemeanor is 6 months in jail (Code of Alabama, 13A-5-7) and a fine of not more than $1,000 (Code of Alabama, 13A-5-12.) Considering the time he has spent in jail awaiting his psychological evaluation, he has probably already met or exceeded the maximum jail time possible for his offense.

    It seems to me that the Lee County DA overcharged the case. I can't say why this happened but they are now painted into a corner. They can't win a felony conviction at trial, and they can't risk the PR nightmare that would follow if they allowed a plea to a misdemeanor.

    The whole thing makes for good theater, but the eventual outcome is obvious, and Auburn supporters won't be happy when Updyke walks out of the Lee County Justice Center free and clear, having served his debt to society.
    I'll bet it's pled down, Updyke walks, and it's spun as AU benevolence to an old, crazy Bama fan.
    If anything goes bad, I did it. If anything goes semi-good, we did it. If anything goes really good, then you did it. That's all it takes to get people to win football games for you. - Coach Paul "Bear" Bryant

  6. #44
    BamaNation All-American banjeaux's Avatar
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    Updyke pleads guilty

    http://blog.al.com/montgomery/2013/0...guilty_to.html



    WETUMPKA, Alabama – Harvey Updyke Jr. was sentenced to three years by a Lee County judge Friday after pleading guilty to a charge of criminal damage of an agricultural facility related to the poisoning of the Toomer's Oaks in 2010.


    Updyke was sentenced Friday afternoon by Lee County Circuit Court Judge Jacob A. Walker II after changing his plea from not guilty by reason of mental disease or defect to guilty as part of a plea agreement. Criminal damage of an agricultural facility is a class c-felony, according to the Lee County District Attorney's Office.
    Oh, Susanna. Oh, don't you cry for me, for I come from Alabama with a banjeaux on my knee. G'wan to Louisiana my true love for to see.

  7. #45
    BamaNation All-American cuda.1973's Avatar
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    Re: Updyke pleads guilty

    Anyone wearing that much orange has to be nuts.
    "Mama called."

    So, we took her home.

    3/8/26-8/20/13

  8. #46
    Senior Administrator TIDE-HSV's Avatar
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    Re: Updyke pleads guilty

    Well, at least the probationary terms will keep him from showing up at Bama games with that elephant hat...
    "The cure for boredom is curiosity. There is no cure for curiosity. - Ellen Parr"

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    I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is. Albert Camus

  9. #47
    BamaNation Hall of Fame JBama_in_PCOLA's Avatar
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    Truth behind the trees at auburn.

    Quote Originally Posted by TIDE-HSV View Post
    Well, at least the probationary terms will keep him from showing up at Bama games with that elephant hat...
    Yeah, thank God!
    ROLL TIDE!

  10. #48
    BamaNation All-SEC Just Win's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Drewy26 View Post
    Doesn't change Harvey Updike's intent one iota. I remain ashamed that he is a fan of my University.

    Sent from my SGH-T999 using Tapatalk 2
    The "Yeller Feller" Jimmy Rane kills millions of trees annually so you can put a new deck on the back of your house, yet no one cries over that..............Just sayin'.
    JUST WIN
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    Tebow cried, Cam lied, Trees died, and LSU tried..........ROLL TIDE!

  11. #49
    BamaNation First Team Tider n LA's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Just Win View Post
    The "Yeller Feller" Jimmy Rane kills millions of trees annually so you can put a new deck on the back of your house, yet no one cries over that..............Just sayin'.
    I don't think he kills the trees by putting poison in the ground.......Just sayin'.

  12. #50
    Senior Administrator TIDE-HSV's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by Tider n LA View Post
    I don't think he kills the trees by putting poison in the ground.......Just sayin'.
    The trees were mostly dead, anyway, before Updyke's escapade. I hope whatever they plant is appropriate for the climate. The live oaks were not...
    "The cure for boredom is curiosity. There is no cure for curiosity. - Ellen Parr"

    'If today were the last day of my life, would I want to do what I am about to do today?' - Steve Jobs

    I would rather live my life as if there is a god and die to find out there isn't, than live my life as if there isn't and die to find out there is. Albert Camus

  13. #51
    BamaNation Hall of Fame gmart74's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by TIDE-HSV View Post
    The trees were mostly dead, anyway, before Updyke's escapade. I hope whatever they plant is appropriate for the climate. The live oaks were not...
    poison ivy?

  14. #52
    BamaNation All-American banjeaux's Avatar
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    Re: Truth behind the trees at auburn.

    Quote Originally Posted by TIDE-HSV View Post
    The trees were mostly dead, anyway, before Updyke's escapade. I hope whatever they plant is appropriate for the climate. The live oaks were not...
    Oh, Susanna. Oh, don't you cry for me, for I come from Alabama with a banjeaux on my knee. G'wan to Louisiana my true love for to see.

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