The News Courier in Athens, Alabama

Local News

December 13, 2013

'Bama fan seeks restitution break in Auburn tree case

AUBURN — The University of Alabama fan who pleaded guilty to poisoning Auburn University's oak trees is asking a judge to reduce his monthly restitution payments to the school.

Harvey Updyke claims he can't afford the $500-a-month payments. Updyke is asking the court to reduce the payments to only $50 a month instead.

At that rate, it would take Updyke about 1,328 years to pay off the total.

Updyke pleaded guilty to poisoning the Toomer's Corner trees during Auburn's national championship run in 2010. He served about six months in jail and now lives in Louisiana.

This week, Updyke filed a court document stating his monthly gross income is $3,030, and the retiree lists monthly expenses of nearly $2,800.

Updyke says the $500 monthly restitution payment will impose a financial hardship.

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