Updyke Declines Plea Deal
by War Eagle Atlanta on Jan 21, 2012 5:07 PM CST
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Accused tree poisoner Harvey Updyke has turned down a plea agreement that would have resulted in a 13-year prison sentence AND required him to never attend an Alabama sporting event for the rest of his life, reports ESPN. The trial is scheduled to begin in Lee county on March 5th.
Updyke is charged with four felony charges and two misdemeanors. The charges are two felony counts of first-degree criminal mischief, two felony counts for unlawful damage, vandalism or theft of property from a farm animal or crop facility and two misdemeanor counts of desecrating a venerated object. He is facing up to 10 years for each felony conviction and 1 year and a $2000 fine for the lesser charges. He has pleaded not guilty by reasons of mental defect or disease.
Is a 13 year sentence appropriate in this case? If so, is the part about not ever attending an university of Alabama sporting event really fair? I could see having him never set foot in Auburn again, but the latter seems a little over-reaching.
Charles Barkley has already weighed in on the subject: "That's too much," Barkley said. "Is he an idiot? Of course, he's an idiot. You can't let him off for free. You give him a month in jail and make him donate money to Auburn. You can't put the guy in prison for 13 years. That's crazy."
The charges could be worse. He could have teabagged someone.
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Only our ridiculous judicial system could make me see things from Updykes point of view
I’m not saying that Updyke doesn’t deserve 13 years with any stipulation they deem worthy for what he did…….because what he did wasn’t just killing trees, it was about killing a part of the human spirit that resides in Auburn.
BUT
since we aren’t castrating rapists, draw and quartering child killers, and putting drug dealers away for life ……well, yeah 13 years for doing an irrational act againts a tree is a tad excessive. Throw in the ridiculous stipulation that he can’t ever attend another Alabama game is beyond preposterous. If anything…..should he serve 13 years….. I WANT him to be at every Alabama event possible to remind them of their hatred, their small minded pettiness and most importantly……YOU DON"T F@#& WITH AUBURN!!!
I love the smell of Auburn in the autumn.....it smells like....victory.
Come to think of it...
If they let him off by determining that being a Bama fan is a mental disease…..I’d be ok with that.
Then we can legally commit the rest of Turd Nation and shutter that abomination of a university.
I love the smell of Auburn in the autumn.....it smells like....victory.
by Col.Angus on Jan 21, 2012 9:40 PM CST up reply actions 2 recs
That's the key to all this, really.
He’s constantly claimed he didn’t really do it, yet his Not Guilty plea is by reason of mental defect or disease. And if he’s found Not Guilty, then the world will finally know that being that big a Bama fan is a mental issue. I don’t see that happening though, because that would open a HUGE can of worms for people in Alabama to go crazy doing things back and forth and claiming they should be let off on the precedent of this case.
Trying to kill as many Kerbals as Craig James has (allegedly) hookers.
by AUTigerGSUEagle on Jan 22, 2012 10:01 AM CST up reply actions
I think making him attend every Alabama sporting event
for thirteen years would be enough punishment for anyone.
I need a cold shower and a copy of the Auburn Creed
Considering the # of felonies that he's being charged with, it seems about right.....
it’s just sad that a person can take a human life and somehow spend less time in jail, but I digress. Although technically, he put the fine citizens of Auburn at risk by the amount of pesticide that he put in the ground. Honestly, I just want justice and that stupid idiot of a man to go to jail and pay $$$ in fines. Mental defect? I mean sure Updyke’s mentally defective, but I don’t think that the courts officially view incurable stupidity as a mental defect.
As far as not allowing him to attend UofA events any more? I would rather they stipulate that he can’t step foot in Lee County ever again. If those stupid Rammer Jammer’s want to have their pictures taken and get autographs with the little bastard, they can all go knock themselves out. It also seems that the decision to limit someone’s access to UofA events should be made by the Powers of Bama, not some court (no, they’re not the same thing)….
"We see the door; we're here to knock it down"-Cam Newton
by Tiger on the mountain on Jan 21, 2012 5:17 PM CST reply actions
Change of Venue
I think that New Orleans Parish should have a change of venue for the Bammer Teabagger. Let him be tried in Lee county also. It would be easier as he lives in Russell county, and I am sure justice would get done. If the Teabagger and Harvey are found guilty, let them share a cell together. They deserve each other, although I would sleep light if I was Harvey!
I voted just right.
Definitely permaban from all UA sporting and sports related events, to include, IMHO, awards ceremonies and trophy display at Walmart.
"The same things win today that have always won, and they will win years from now. The only difference is the losers have a whole new bunch of excuses why they don’t win or can’t win."-Bear Bryant
(12-4)+2=12 hoping for a +1
Robot Chicken Star Wars should be canon.
by the thin red line on Jan 21, 2012 8:00 PM CST reply actions 2 recs
You have to remember...
…this guy dumped industrial-strength poison right at the central intersection of a town where tens of thousands reside. Emotions and Auburn-Alabama junk aside, this would be a hugely troubling act ANYWHERE, I’d think. 13 years actually gave him a chance to get out. He’d do what… maybe 3 or 4 years if he behaved himself? And there’s no way a public figure is getting thrown in gen-pop.
……In my opinion, endangering the water table of a town is worse than sexually assaulting one person. Both should have pretty heavy consequences. I think you risk more such behavior if the perps are seen to have “gotten away with it.”
......Drowning in cool elixir.
the fact though
being that he is actually supposed to accept a plea deal that is more severe than someone who is charged with manslaughter is a bit beyond ridiculous. My thought is this… the dude is an idiot and definitely deserves some jail time, say around 2 years… no parole. Then also a nice chunk of community service, such as maybe cleaning the auburn tiger bathrooms after all football games for a while. Definitely keep him out of all Bama games too.
by lastmilefire on Jan 21, 2012 10:38 PM CST up reply actions
Normally, I would agree with you, but Updyke got lucky in that the poison didn’t contaminate the town water supply and put at risk everyone in town……I would like to think that his only target was the trees, but with that amount of pesticide and his overzealous hate, who knows what his true intentions were….so 13 years seems either just right or too light depending on where one views his true intentions…….
"We see the door; we're here to knock it down"-Cam Newton
by Tiger on the mountain on Jan 22, 2012 9:02 AM CST up reply actions
but that would be like
being charged with Killing a room full of people when only 1 was killed by manslaughter. ( terrible terrible analogy but still )
no one else did get hurt and the intent was the trees only. Come on do you think the man dumb enough to call in and take credit for poisoning trees is smart enough to not also brag about trying to contaminate the entire town.
He’s stupid. He should be stuck in a room with his eye lids pried open and stuck having to watch Auburns comeback last year over and over.
by lastmilefire on Jan 22, 2012 11:16 AM CST up reply actions
I agree that it’s a slippery slope, but the only thing that kept him from poisoning an entire town, was luck…So, I don’t agree with a slap on the wrist, because ‘he didn’t mean to do it’…..do you see what I’m saying?? Honestly, there aren’t any winners in this situation even if he goes to jail for the rest of his life…..
"We see the door; we're here to knock it down"-Cam Newton
by Tiger on the mountain on Jan 22, 2012 8:43 PM CST up reply actions
In order for him to serve 2 years no parole
you are going to need a sentence like 13 years. If this were federal prison where you serve every day of your sentence, yeah, 13 years would have been stiff. But since this is a state court where you only serve a fraction of your time, it is going to take a seemingly harsh sentence to produce a fair punishment. And yeah, he should absolutely sit in jail for a full 2 years of his life. He destroyed a state landmark.
by AuburnAlum05 on Jan 22, 2012 9:35 AM CST up reply actions
Two years
served sounds reasonable. It’s what I had in mind.
2011 Chicken Bowl Champs!
by War Eagle Atlanta on Jan 22, 2012 8:55 PM CST up reply actions
yes
a Full two years
plenty of times to be made someones b*tch
by lastmilefire on Jan 23, 2012 10:55 AM CST up reply actions
Updyke's attorney
denies any plea deal has been offered. The story linked above cites espn.com, and espn only cites “a source close to the case,” which, of course, means they made it up.
As for sir Charles, this is not the first time he’s been out of touch with the thinking of the Auburn Family.
Reading the Psalms as an Auburn Fan - available at amazon.com
I saw it on cbssports.com, as well as al.com….so, for once, I don’t think that espn made it up….although skepticism towards them is always healthy. I don’t know. If I were that lawyer, I’d probably say the same thing. What was he supposed to do? Admit his client’s got rocks for a brain and would rather face 42 years vs 13? His ‘mental defect’ claim aside, the prosecutor’s got a hell of a case…..
"We see the door; we're here to knock it down"-Cam Newton
by Tiger on the mountain on Jan 21, 2012 9:32 PM CST up reply actions
He was holding out for 14!
the magic number, you know
by Triumphant Tiger on Jan 22, 2012 7:13 AM CST reply actions 3 recs
Seriously? 13 years?!?!?!
That is a ridiculous sentence. The only crime he actually committed was willful destruction of property, and you don’t put people into jail for 13 years for that. Hell, we don’t even put people who kill while DUI in jail for that long. This is an absolutely absurd.
Well since he likes the pub...
and bagger errrrrr bammer fans seem to secretly have a sackful of admiration for him and AU fans want to see justice; why not let him be the halftime guest of honor at every IB for the next 10 years with the stipulation that Aubie gets to go Nancy Kerrigan on his knees with a crowbar at midfield?
Auburn could hold a raffle for a fan to be Aubie at midfield and pay for the new trees plus it doesn’t cost our judicial system anything. Network ratings would be through the roof.
Everyone wins…it’s a beautiful thing.
and bagger errrrrr bammer fans seem to secretly have a sackful of admiration for him
No… No we dont … at all
again because a few of us celebrate his idiotic hateful act doesnt mean we all do.
just because a few stupid kids on the auburn team broke into someones house, does that mean all of auburns players are also guilty ?
by lastmilefire on Jan 23, 2012 10:58 AM CST up reply actions
Let's switch trees for the sake or arguement
What if he had dumped the poison on the General Sherman redwood in Ca. (over 2200 years old), the cherry trees in Washington, the Lone Cypress in Monterey, or Methuselah (the oldest tree in the world, almost 5000 yrs old). What would be the appropriate sentence then? Those other trees would have national attention not just regional and would start a public outcry for a hanging much less a sentence.
Bottom line, it doesn’t matter whos or what trees it is, the act deserves the punishment and anything short of double digit years is a travesty. It was a hate crime and deserves the punishment.
Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?
A hate crime?
That’s going too far. I know these trees are important to Auburn fans, as the hedges are to us UGA fans, but this is ridiculous. Rapists don’t do 13 years.
OK, I am calling you out on your statement
It was a hate crime of the highest order as he said on Finescum. Just llike all the Bammers you are trying to minimalize this. You are defending him. Are you one of the ones who posed for pics or got an autograph? Are you comparing what he did to a rapist? You can’t. I it not comparable. The punishment fits the crime. What would you say would be the appropriate punishment if someone poured massive ammounts of acid on the statue of Bear and destroyed it?
You would be as mad as we are and would want a hanging.
Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?
First of all
As I thought I made clear from my statement, I am a UGA fan. Even if someone did this to the hedges, I don’t think I would ask for this level of punishment. You know why? Because they can be regrown. Plants have a funny way of doing that. Second, I do not think this should be minimalized, I think it should be correctly punished. Unlike you, apparently, I think a person should be punished according to his crime. In this instance, it is the destruction of a monument at best, the destruction of property at worst. Neither, unless you’re blowing up the Statue of Liberty or the Washington Monument, will normally get you 13 years in jail. That is an absurd punishment for this crime. You’re right, this isn’t comparable to a rape. Rape is so incomparably worse that comparing it to rape, or saying it should be punished worse than rape, is disgusting.
Second, I’m calling you out on your hate crime comment. Are you really going to equate the killing of your trees to the committing acts of violence based on the victims race, sex, religion, or sexual orientation? Do you really want to go there?
By the way, those other trees are no important to the people who love them as ours are to us
Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?
Correction, more important
Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?
I find it very difficult to control my emotional response in this matter...
I tell myself to use common sense, and ask what would my belief system be worth, without some sort of compassion for this guy.
I also can’t help feeling anger at his being at the BCS game, and accepting the fans handshakes, and signing autographs like he is some sort of celebrity.
I think killing the bastard would be too kind. Keeping him away from UA sporting events wouldn’t do a damn bit of good. Feeding and housing this domestic terrorist would be unfair to the people of this great state.
I just do not know what to do. That makes me even more agitated, which means he wins, no matter what. Go figure.
Come and join me at http://trackemtigers.com
Rammer jammer, yellowhammer, heres your cell, you stupid bammer!!
Deforest Gump should at least get some time in jail and be forced to watch the 2010 Iron bowl every day!
Auburn Elvis
UPDATE
Is it possible that the leak was all a hoax? Hmmmm.
2011 Chicken Bowl Champs!
by War Eagle Atlanta on Jan 23, 2012 10:01 AM CST reply actions
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