Harvey A. Updyke of Dadeville, 62, was arrested Feb. 17 at 1:26 a.m. for a criminal mischief warrant in connection to the application of herbicide to the Toomer's oak trees.
During a press conference in front of Samford Hall, Police Chief Tommy Dawson said Updyke is being held at the Lee County Detention Center and could face additional charges. Updyke's bond is set at $50,000.
Updyke was taken into custody at the Auburn Police Division precinct.
Dawson said an extensive investigation began in January.
Stephen Enloe, assistant professor of agronomy and soils, said Spike 80DF, the herbicide applied to the soil around the trees, is used for total vegetation control in industrial areas where bare ground is required.
"It is very effective at what it does, and that is to kill most plants," Enloe said.
The herbicide works by inhibiting photosynthesis.
"Basically, the leaves will then begin to yellow, brown, fall off the trees--now that doesn't mean they're dead--often times many tree species are very robust and will actually leaf out again following an initial uptake of Spike 80DF herbicide," Enloe said. "Following that leaf out, since Spike is residual and persistent within the soil, the plant roots, the tree roots will again take up more Spike and be transported to the new leaves, and you'll likely see that death cycle all over again."
Gary Keever, professor of horticulture, said Spike 80DF usually remains in the soil for three to five years.
Experts are working with the University to try to find ways to remove the soil around the trees, Keever said.
"One of the people that called me earlier this morning has an excavator vacuum, in which a liquid is applied to the root zone, and it uses very powerful suction to remove soil out of the root zone," Keever said.
The plants surrounding the live oaks at Toomer's corner could also be affected, Keever said.
"If those root zones come in contact with the herbicide, they'll absorb it just like the live oaks have, and there's a very real chance of injury," Keever said.
Tom McCauley, environmental program manager at the department of risk management and safety, said it is not likely that the herbicide would get into the drinking water supply.
"The migration of this material through that clay would be very difficult," McCauley said.
The drinking water supply for Auburn is 150 to 250 feet below the ground surface.
Updyke was scheduled to appear in court for arraignment Thursday morning, and Dawson said more evidence surrounding the case will be revealed during Updyke's trial.
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