The man who poisoned Toomer’s Oaks has been ordered to pay Auburn University nearly $800,000.
In an order filed late Friday afternoon, Circuit Judge Jacob A. Walker III ordered that Harvey Updyke, who pleaded guilty March 22 to poisoning the iconic trees sometime after the Iron Bowl in 2010, pay $796,731.98 in restitution to the university for lost revenue and expenditures involved in the removal and replacement of the trees and affected soil.
Originally, the state sought $1.35 million in restitution.
“The Court finds that all other restitution requests on behalf of the university are reasonable and that they have been proven beyond a preponderance of the evidence,” Walker states in the order.“The Court believes the defendant failed to fully take into account the repercussions of poisoning living things, and finds that his actions placed the public at considerable risk of health concerns.”
Walker also ordered that Updyke pay restitution through an installment plan of $500 per month. Updyke will also be forced to pay an additional $2,000 in legal fees and $16,500 in court costs.
During the restitution hearing, Updyke’s attorney, Andrew Stanley, argued that his client was indigent, had only $631 to his name at the time and was on Medicaid and Social Security disability. However, Walker ruled that no evidence was submitted to indicate that Updyke was unable to apply for part-time or full-time work to meet his obligations in the case, or that his health was any factor in applying for work.
“While the defendant was previously deemed indigent for the purpose of obtaining appointed legal counsel and for granting various… expenses in preparation for trial, the Court find that the defendant is not without financial resources to make restitution payments to the victim in this case,” the order states. “In particular, the court finds that installation payments will not be overly burdensome on the victim or the defendant.”
The order states that Updyke, who was last reported to be living in Hammond, La., could perform community service for a nonprofit organization “in order to earn a reduction of the fines and court costs owed in this case,” although no credit could be earned toward restitution. If Updyke opts for this plan, a $25 credit would be given for every eight hours of community service he performs.
The trees were removed April 23. No attorneys for the state or Updyke could be reached for comment.
Reply With Quote
Originally Posted by Root
Connect With Us