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A spirit that is not afraid

Harvey Updyke arrested in Louisiana on terrorizing charges

(Courtesy of Vasha Hunt/Opelika-Auburn News/Pool)
(Courtesy of Vasha Hunt/Opelika-Auburn News/Pool)

The man on trial for the poisoning of Auburn's Toomer's Corner oak trees was arrested in Hammond, La. on Sept. 18 on terrorizing charges.

Harvey Updyke, 64, was taken into custody following a dispute at a home improvement store.

In the crime report, police officers and the store's owner said Updyke became irritated with the amount of money he was being given back for returning a lawn mower. Updyke wanted $150 but the manager was only offering $110.

Nola.com reported that upon the arresting officer's arrival and request that Updyke call an attorney, Updyke said "he would take care of this on his own."

"He had a sad story," Hammond police spokesperson Lt. Vincent Giannobile said. "He said he was going to prison anyway, he had a bad heart and he didn't care."

Updyke reportedly said in response to the officer banning him from the store that he would return one more time and it would be his last visit.

"You just don't know what these people will do, and we don't take any chances," Giannobile said.

Nola.com reported that Updyke also has a warrant out in Texas for the same charge.

His trial for the tree-poisoning case is set for the term beginning Oct. 1, though it is still unclear when or where the trial will be held. Updyke requested to have the case moved from Lee County, and his Birmingham-based lawyer Everett Wess also withdrew from the case Sept. 12, joining several prior attorneys in leaving Updyke.

Lawyers Margaret Brown and Andrew Stanley have been appointed to his case.

A status hearing is scheduled for 8:30 a.m. Thursday, Sept. 27 at the Lee County Justice Center.


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