Lee County district attorney seeking $1 million in restitution from Harvey Updyke Jr. for poisoning of Toomer's Oaks (updated)By Ed Enoch | eenoch@al.comon May 31, 2013 at 4:20 PM Harvey Updyke TrialThe Lee County District Attorney's Office is asking Harvey Updyke Jr. be ordered to pay approximately $1 million in restitution for the poisoning of the Toomer's Oaks.(AP Photo/Opelika-Auburn News, Vasha Hunt - Pool)WETUMPKA, Alabama – The Lee County District Attorney’s Office is asking Harvey Updyke Jr. be ordered to pay approximately $1 million in restitution for the poisoning of the oaks at Toomer's Corner.The request, made in a motion filed Wednesday, is based on the cost incurred by Auburn University as it tried to save the oaks and the estimated cost of their planned replacement.Defense attorney Andrew Stanley said he would file an “appropriate response†at a later date after researching case law, state law on restitution and the figures provided by the district attorney’s office.“All that will come into play,†Stanley said. “I just don’t, know quite yet where we will end up with that.â€Stanley noted his client was indigent and had court-appointed attorneys.Currently, Lee County Circuit Judge Jacob A. Walker III has yet to schedule a hearing on the motion, according to court records."Updyke is responsible for the damage that he caused," Lee County District Attorney Robbie Treese said. "How much he pays and at what rate are matters for the court to decide based upon the evidence. He will pay what the court orders him to pay as long as the court requires it."Updyke, 64, pleaded guilty to one count of unlawful damage of an animal or crop facility on March 22 as part of a plea agreement with prosecutors. Updyke poisoned the iconic oaks, which were cut down on April 23, sometime after the 2010 Iron Bowl.The district attorney’s office estimated the cost to Auburn University and the expenses incurred by the Alabama Department of Agriculture and Industries for analysis of soil samples was $521,396.24.The university has spent $89,916.74 for work related to the trees so far and estimates their replacement will cost $425,780, according to figures cited in the motion. The motion estimated the department of agriculture spent $5,700 on testing and soil samples.The district attorney’s office argues the amount should be doubled to $1.042 million under a statute in the Alabama Code that requires anyone convicted of the offense to be required to pay twice the value of the damaged animal or crop for any reasonable costs of replacement.Under the plea deal, Updyke received a three-year-split sentence, with six months incarceration and five years of supervised probation. He had 104 days of jail credit, leaving him with 76 days to serve at the time of his sentencing in March.He is completing the remainder of the sentence at the Lee County Detention Center in the medical pod because of his health.
The REC will likely foot the bill, but this is nice to see.
Lee County will never see a dime.
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