The alleged Toomer’s oaks poisoner and the man who is accused of shooting into a vehicle at Southern Union State Community College appeared in court for preliminary hearings Wednesday.
Both men will appear before the grand jury in May.
Harvey Updyke
Harvey Updyke, the man accused of poisoning the Toomer’s Oaks sometime after the Iron Bowl game, waived his preliminary hearing Wednesday and will appear before the Lee County grand jury next month.
Updyke is charged with one count of criminal mischief, a class C felony. He could face up to 10 years in prison if convicted.
Updyke’s lawyer, Glennon Threatt, asked District Judge Russell Bush to allow Updyke to reside in Louisiana with a family member until the trial.
District Attorney Robbie Treece said he had no issue with the residence change. Bush granted Threatt’s request, but reminded him none of the other bond conditions would change.
According to the Opelika-Auburn News, Threatt said he tried to reach a plea agreement with Treece, but was denied.
Threatt said he wanted to keep his client out of jail.
After appearing in court, Updyke told the Opelika Police Department he was assaulted in the parking lot of Tiger Express on Hwy. 280 in Opelika.
Updyke said he arrived at the gas station between his 1:30 p.m. court appearance and 2 p.m. Updyke told police he thinks more than one person assaulted him, but he never saw them.
Updyke said he was treated at East Alabama Medical Center and was treated for a blow to the face and several small abrasions and scratches.
After receiving treatment, Updyke said he went back to Tiger Express to see if the staff had surveillance video of the incident.
Updyke said he is interested in seeking prosecution for the people who attacked him if they can be identified.
Threatt called the Paul Finebaum show after the incident.
“Somewhere right outside of Opelika, Harvey stopped at a gas station to get a drink and some gas, and when he got out of his car, it went black,” Threatt said. “He woke up on the ground. He had been hit in the head with something, so he wandered into the gas station in pain, and they directed him to a local emergency room. He has got facial bruises and a split in his brow.”
Threatt said he was not with Updyke during the incident.
Thomas may
Thomas May III, accused of the April 6 murder of his mother-in-law Brenda Watson, 62, and the attempted murder of three other family members at Southern Union State Community College, will appear before the Lee County grand jury next month.
May is represented by William Whatley and Todd Crutchfield and is charged with one count of capital murder, three counts of attempted murder and one count of shooting into a vehicle.
The prosecution called one witness, Opelika Police Department Sgt. Ben Bugg.
Bugg said when officers arrived at the scene after receiving a 911 call at about 3:30 p.m., Watson was receiving CPR next to a bullet-riddled 2010 Toyota Sienna parked in front of the Higginbottom Academc Center. Maude Marshall, 93, was in the front seat; May’s wife Bethany, 36, and their 4-year-old daughter were in the back seat.
Marshall was wounded by bullet fragments and was transported by helicopter to Columbus Regional Medical Center. Bethany was shot in the arm, and the child received cuts from flying glass.
District Attorney Robbie Treece asked Bugg why the 4-year-old was not shot.
“The mother laid on top of her child to protect her,” Bugg said.
Several 9 mm bullets, casings and bullet fragments were found at the scene, in May’s vehicle and at his home at 936 Peartree Road in Auburn.
The evidence has been sent to the forensics lab.
Targets were set up at May’s residence as well, Bugg said.
Police are still looking for the Taurus 9 mm semi-automatic handgun they believe was used in the shooting.
Southern Union student Austin Flincham and Bethany identified May as the shooter through a photo lineup.
At about 6:30 p.m. April 6, Bugg said May drove back to Southern Union and told members of the media, “I did all this,” and asked for Capt. Allan Elkins of the Opelika Police Department.
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