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Tree vandal caught??

  • Just reported on sportscall 740 that an arrest has been made in the tree poisoning at Toomers. 62 year old male that lives on Lake Martin at the Chuck's Marina area.

    jmj120

  • According to Finebaum yesterday, the caller is from Dadeville, so arresting someone who lives in Lake Martin would make since....it's only 6 miles away. I really hope they got the guy, and that he gets what's coming to him. Similar acts of poisoning in the states of Texas and Florida have gotten the convicted anywhere from 5-9 years in prison!

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    Whitem12003

  • Yeah, that area is considered Dadeville. They gave his name and address, even went so far to say he has two dogs named bear and bammer.
    I'm not going to post the name here until it is all verified. Sounds like the guy moved here from Texas.........

    jmj120

  • Don't count on a big prison term for this guy -- it all depends on the details of what he did. If he had a license to use the poison, for instance, the penalty for misusing it will not be as severe as it would be if he used it without a license. He may very well do no jail time at all. He'll probably lose his doublewide, though.

    DeltaTiger

  • DeltaTiger said...

    Don't count on a big prison term for this guy -- it all depends on the details of what he did. If he had a license to use the poison, for instance, the penalty for misusing it will not be as severe as it would be if he used it without a license. He may very well do no jail time at all. He'll probably lose his doublewide, though.

    I dont think the EPA will be so light, especially if this poison will be in the ground for the next 3 to 5 years.

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    General1972

  • DeltaTiger said...

    Don't count on a big prison term for this guy -- it all depends on the details of what he did. If he had a license to use the poison, for instance, the penalty for misusing it will not be as severe as it would be if he used it without a license. He may very well do no jail time at all. He'll probably lose his doublewide, though.

    "it all depends on the details of what he did " It doesn't matter one bit if he has a license. He destroyed state property and I am not sure on this one but are those trees not a National Landmark?? Even Homeland Security is involved with this. He will do some jail time and I hope he gets another Bammer as his cell mate to give him the proper welcome.

    WDE

    This post was edited by Shaggy AU on 2/17/2011 at 8:32 AM

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    Shaggy AU

  • Shaggy AU said...

    "it all depends on the details of what he did " It doesn't matter one bit if he has a license. He destroyed state property and I am not sure on this one but are those trees not a National Landmark?? Even Homeland Security is involved with this. He will do some jail time and I hope he gets another Bammer as his cell mate to give him the proper welcom.

    WDE

    Look, I want him to get jail time as much as anyone. I'm just being realistic here. A lot of times people do things and the public says, "Oh he'll rot in prison." But once the lawyers get in there and the DA reviews what can be proved (as opposed to what is known, but where the proof is light), you see plea-bargains a lot of times. I'm just trying to tamp down expectations a bit, because we might be sorely disappointed with how this turns out.

    This post was edited by DeltaTiger on 2/17/2011 at 8:38 AM

    DeltaTiger

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    auburnco2000

  • This guy needs to pay for all damages and such....live at lake martin...must have some money....if not, lien on his stuff and sell it off.....

    Auburnrules

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    "I believe in Auburn and love it."

    Auburn_92

  • He will have a miserable rest of his life regardless if he gets jail time. In fact, he will probbaly be safer in jail. Street justice will be much more difficult on him than any court justice.

    sugar daddy

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    SweetT

  • try wsfa.com

    AUhomer

  • Thamel and Evans will probably split the tab for his defense....

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    steelman75

  • The guy who called in to PF said he was from Texas. He said he didn't know about the rivalry until he moved here from Texas. Unreal....

    auclassof94

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    Big A

  • Who knows, but he'll probably have a pro-bono bamur attorney, and, most assuredly, there will be a bamur judge on the bench. And, if it goes to a trial there will likely be bamur fans on the jury. So, guess where ths case is going!

    AU1959

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    CivilSense

  • Finebaum took a call not long after Mr. Poison's call from a professional from Auburn who said that the trees are state property like the telephone poles and such. Therefore, he will be liable for any damages incurred to the trees. He said that this man should talk to a guy who had a wreck at Toomer's Corner and damaged one of the trees and had to pay for the damages to repair the tree. Apparently, the monetary damages were pretty substantial. Anyway, he said that the damages for this will be very substantial and Auburn can sue him for those damages. Fortunately, they have been anticipating the dying of these trees for years and have been growing replacements from acorns that came from the Toomers trees. Although they did not plan to replace these trees for another 30-50 years, they still have a backup plan in place for when they die.

    shlbysweet

  • jmj120 said...

    Just reported on sportscall 740 that an arrest has been made in the tree poisoning at Toomers. 62 year old male that lives on Lake Martin at the Chuck's Marina area.

    Arrest made in AU tree poisoning case
    By William White | Opelika-Auburn News
    Published: February 17, 2011

    Lee County Sheriff Jay Jones said an arrest has been made in the poisoning of the two live oaks at Toomer's Corner.

    Jones said a 62-year-old unemployed man, who lists his address as Silver Hill Road, Dadeville, was booked into the Lee County Detention Center at approximately 2:30 a.m. Thursday.

    The sheriff said Harvey Almorn Updyke Jr. was arrested and charged with one count of criminal mischief in the first degree, which is a Class C felony.

    Bond has been set at $50,000 and, upon conviction, a Class C felony carries a punishment of one to 10 years.

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    Skooks

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    auburnco2000

  • First of all, the guy called in to Finebaum to brag about it. I am sure they have that recording. Obviously they were able to trace that call back to him as well. This guy is screwed six ways from Sunday. He is going to be tried on all of the state criminal charges in Lee County unless he is somehow able to convince the judge that a fair trial is an impossibility, and that is an exceptionally high bar to get over. He will not get a plea deal, because the DA would be committing political suicide by letting him off easy. He isn't going to get a Bama friendly jury anymore than he will get an Auburn friendly jury, because admitted fans of either school will be struck for cause in voir dire. This will be an insanely high profile case, and in the end of it, the judge is going to throw the book at him because what he did was senseless, classless, and completely unjustifiable. He has no defense, and any expression of remorse he makes in an attempt to mitigate the damage he did to his case by calling the Finebaum show to brag is going to fall on deaf ears. This dip$hit might as well lube up and grab his ankles.

    poematt80

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    BamaMomAUfan

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    "I believe in Auburn and love it."

    Auburn_92

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    jadennis