Truth behind the trees at auburn.

bamadp

All-SEC
Sep 24, 2006
1,023
0
0
Sheffield, Al.
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. ;)
 

bamadp

All-SEC
Sep 24, 2006
1,023
0
0
Sheffield, Al.
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. ;)
 

banjeaux

All-American
Jun 6, 2007
2,131
1
0
Slidell, Louisiana
Updyke pleads guilty

http://blog.al.com/montgomery/2013/03/harvey_updyke_pleads_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.
 

TIDE-HSV

Senior Administrator
Staff member
Oct 13, 1999
84,487
39,556
437
Huntsville, AL,USA
Re: Updyke pleads guilty

Well, at least the probationary terms will keep him from showing up at Bama games with that elephant hat...
 

Just Win

All-SEC
Dec 22, 2003
1,883
0
55
58
Alabaster, AL, USA
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'.
 

Tider n LA

All-SEC
Dec 7, 2003
1,224
356
107
Alabama
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'.
 

Crimson Grin

1st Team
Jan 27, 2005
529
0
0
Georgia
They've wrung a lot of PR out of those miserable trees, which were doomed before Updyke, a Florida native who spent most of his life in Texas ever thought about them. Unfortunately for old Harvey, you can go into a hospital ward and place a gun against the temple of someone minutes from death of cancer and pull the trigger and it's murder. That's his problem. He intervened in the last 2% of the lifespan of those trees...
Sort of like pulling the plug
 

ValuJet

Moderator
Sep 28, 2000
22,626
19
0
Re: A good option for Toomer Corner oaks.

LOL! If I didn't know better I'd think that was from "The Onion." It has a lovely stream of toilet paper interwoven throughout the tree - the very material that's said to have killed the trees in the first place.
 

mikes12

All-American
Nov 10, 2005
3,548
0
0
49
Chattanooga, TN
The barners were well on their way to destroying those trees themselves. Dumb ole Updyke gave them exactly what they wanted, a name and face they can forever look to and blame, and the ability to cast Bama fans as villains, eco-terrorists, and nut jobs. To hear them tell it, until Updyke came along, the trees were happily photosynthesizing along until the serpent entered their paradise and caused their beloved tradition to be taken from them.
 

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