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Bama fan who killed Auburn trees not paying up
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TerryD Online
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Bama fan who killed Auburn trees not paying up
AUBURN, Ala. -- A prosecutor wants to know why a University of Alabama fan who pleaded guilty to poisoning landmark oak trees at Auburn University isn't making court-ordered restitution payments.

Lee County District Attorney Brandon Hughes tells WRBL-TV that Harvey Updyke is being ordered to appear in court Oct. 30 to explain himself.

Updyke served more than 70 days in jail in 2013 and was ordered to pay about $800,000 in restitution after admitting to poisoning trees at Toomer's Corner in Auburn. Fans traditionally rolled the trees with toilet paper after a win.

Hughes says Updyke has paid less than $5,000 and often misses payments.

Updyke is a 70-year-old former Texas trooper who now lives in Louisiana. He posted a Facebook video recently saying his monthly rent was going up almost $200.






https://www.espn.com/college-football/st...-paying-up
(This post was last modified: 08-15-2019 04:42 PM by TerryD.)
08-15-2019 04:41 PM
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TripleA Online
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RE: Bama fan who killed Auburn trees not paying up
Living just outside Auburn, AL, I can say that Updyke should never show his face around here. People are still upset with him for that.

Not sure how he will ever come close to repaying $800K, though, as a retired trooper over 70 renting a place.
08-17-2019 10:10 AM
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quo vadis Offline
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RE: Bama fan who killed Auburn trees not paying up
What he did was awful to those beautiful live oak trees, irrespective of the Auburn/Alabama symbolism.

If the judge is lenient and he can document his bills, I bet the judge is going to put him on a payment plan he can afford, and if he misses another payment he's going back to jail.
(This post was last modified: 08-17-2019 10:17 AM by quo vadis.)
08-17-2019 10:13 AM
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TripleA Online
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RE: Bama fan who killed Auburn trees not paying up
(08-17-2019 10:13 AM)quo vadis Wrote:  What he did was awful to those beautiful live oak trees, irrespective of the Auburn/Alabama symbolism.

If the judge is lenient and he can document his bills, I bet the judge is going to put him on a payment plan he can afford, and if he misses another payment he's going back to jail.

Agree. It's not as bad as the Bama fan who shot her cousin dead b/c her cousin wasn't sad enough after Bama lost to Auburn in the Iron Bowl one year, but it was still a BS thing to do.
08-17-2019 10:24 AM
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TexanMark Offline
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RE: Bama fan who killed Auburn trees not paying up
(08-17-2019 10:10 AM)TripleA Wrote:  Living just outside Auburn, AL, I can say that Updyke should never show his face around here. People are still upset with him for that.

Not sure how he will ever come close to repaying $800K, though, as a retired trooper over 70 renting a place.

Garnish his (retired) trooper pay (assuming he has a pension)

Guy is a dirtbag
08-18-2019 11:13 AM
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quo vadis Offline
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 11:13 AM)TexanMark Wrote:  
(08-17-2019 10:10 AM)TripleA Wrote:  Living just outside Auburn, AL, I can say that Updyke should never show his face around here. People are still upset with him for that.

Not sure how he will ever come close to repaying $800K, though, as a retired trooper over 70 renting a place.

Garnish his (retired) trooper pay (assuming he has a pension)

Guy is a dirtbag

Yes. Some of these clowns don't seem to realize that in the eyes of the law, payments of this kind come first. Their attitude seems to be "well, I'm going to pay my rent, and my electric bill, and my cable TV bill, and set aside $100 for gambling at the local casino, and if there's anything left, I will send it in for my fine payment".

But to the law, a court-ordered fine comes before all of those other things, not after. Same with stuff like alimony and child support. The judge expects you to pay the court-ordered money right off the top, and then whatever you have left over, that's what you have for rent, car insurance, etc. A bank can't throw you in jail for missing a mortgage payment, but a judge can throw you in jail for missing a fine issued as part of a criminal sentence.

Like you, I hope the judge is very stern with this idiot.
(This post was last modified: 08-18-2019 12:35 PM by quo vadis.)
08-18-2019 11:22 AM
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JRsec Offline
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RE: Bama fan who killed Auburn trees not paying up
This is another case where the catalyst for it skates. Finebaum had taunted Updyke and other callers like him as being all mouth when they would call into his show and make threatening statements against the other school or its fans. That's why Updyke called in to essentially say he had done something.

What people don't realize who live extant from the SEC is that 99% of Finebaum's callers never set foot on an SEC campus to attend classes. These are mostly poor and ill educated people who are seeking the notoriety or a boost in self esteem when they call his shows.

He uses them to make fun of their passions and plight. It's the worst kind of manipulation and its cynical and arrogant approach is repugnant.

What's worse is that ESPN airs 4 hours of this crap on the SECN daily and that outside of the occassional guest journalist with real news it's nothing more than Jerry Springer on the SECN.

If anyone is responsible for the Toomer Oaks being poisoned besides Updyke it is Paul Finebaum and yet this sorry S.O.B. rakes in the cash for his shows after playing instigator to an unhinged person that had managed to get through life with only his mouthiness until the Finebaum taunt put him over the top.

IMO, Updyke and Finebaum should split paying the fine. The last thing our country needs anywhere is some mouthy media host taunting the unstable to act. And the fact that he continues to operate that way and now has a wider TV audience to do that with seems massively irresponsible to me. We have enough people on the edge as it is. The last thing they need is a publicly aired push.
08-18-2019 11:40 AM
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vandiver49 Offline
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 11:40 AM)JRsec Wrote:  This is another case where the catalyst for it skates. Finebaum had taunted Updyke and other callers like him as being all mouth when they would call into his show and make threatening statements against the other school or its fans. That's why Updyke called in to essentially say he had done something.

What people don't realize who live extant from the SEC is that 99% of Finebaum's callers never set foot on an SEC campus to attend classes. These are mostly poor and ill educated people who are seeking the notoriety or a boost in self esteem when they call his shows.

He uses them to make fun of their passions and plight. It's the worst kind of manipulation and its cynical and arrogant approach is repugnant.

What's worse is that ESPN airs 4 hours of this crap on the SECN daily and that outside of the occassional guest journalist with real news it's nothing more than Jerry Springer on the SECN.

If anyone is responsible for the Toomer Oaks being poisoned besides Updyke it is Paul Finebaum and yet this sorry S.O.B. rakes in the cash for his shows after playing instigator to an unhinged person that had managed to get through life with only his mouthiness until the Finebaum taunt put him over the top.

IMO, Updyke and Finebaum should split paying the fine. The last thing our country needs anywhere is some mouthy media host taunting the unstable to act. And the fact that he continues to operate that way and now has a wider TV audience to do that with seems massively irresponsible to me. We have enough people on the edge as it is. The last thing they need is a publicly aired push.

While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.
08-18-2019 01:05 PM
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quo vadis Offline
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:05 PM)vandiver49 Wrote:  While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.

I agree with you that I can't assign Finebaum blame either. The guy who poisoned the trees has 100% of the blame. And like JR, I don't like Finebaum.

But I disagree about the fine. The fine should be what it is, but perhaps the payments should be reduced to fit what he can pay given his financial situation. Garnish his pension at an amount that keeps his head above water, but the full amount should be on the books, so that it can be deducted from his estate when he dies or can be fully enforced should he suddenly come in to a lot more money, like if a relative dies and leaves him something, he wins a lottery jackpot, etc.
(This post was last modified: 08-18-2019 01:11 PM by quo vadis.)
08-18-2019 01:09 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:09 PM)quo vadis Wrote:  
(08-18-2019 01:05 PM)vandiver49 Wrote:  While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.

I agree with you that I can't assign Finebaum blame either. The guy who poisoned the trees has 100% of the blame. And like JR, I don't like Finebaum.

But I disagree about the fine. The fine should be what it is, but perhaps the payments should be reduced to fit what he can pay given his financial situation. Garnish his pension at an amount that keeps his head above water, but the full amount should be on the books, so that it can be deducted from his estate when he dies or can be fully enforced should he suddenly come in to a lot more money, like if a relative dies and leaves him something, he wins a lottery jackpot, etc.
We have no need in our society of people who incite idiots to commit crimes. We have too many idiots and not enough police!

IMO, Finebaum doesn't need to be on the air period.
08-18-2019 01:27 PM
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IWokeUpLikeThis Offline
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RE: Bama fan who killed Auburn trees not paying up
At my job - if someone owes child support, bankruptcy court, etc - we’ll get a letter from some governmental agency and the weekly payment is simply subtracted from their paycheck each week while we write a State Disbursement check for that amount.

This should’ve been a case where the court contacts the state and the state withholds a court-determined amount each pension check until the $800k is paid.
08-18-2019 01:27 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:05 PM)vandiver49 Wrote:  
(08-18-2019 11:40 AM)JRsec Wrote:  This is another case where the catalyst for it skates. Finebaum had taunted Updyke and other callers like him as being all mouth when they would call into his show and make threatening statements against the other school or its fans. That's why Updyke called in to essentially say he had done something.

What people don't realize who live extant from the SEC is that 99% of Finebaum's callers never set foot on an SEC campus to attend classes. These are mostly poor and ill educated people who are seeking the notoriety or a boost in self esteem when they call his shows.

He uses them to make fun of their passions and plight. It's the worst kind of manipulation and its cynical and arrogant approach is repugnant.

What's worse is that ESPN airs 4 hours of this crap on the SECN daily and that outside of the occassional guest journalist with real news it's nothing more than Jerry Springer on the SECN.

If anyone is responsible for the Toomer Oaks being poisoned besides Updyke it is Paul Finebaum and yet this sorry S.O.B. rakes in the cash for his shows after playing instigator to an unhinged person that had managed to get through life with only his mouthiness until the Finebaum taunt put him over the top.

IMO, Updyke and Finebaum should split paying the fine. The last thing our country needs anywhere is some mouthy media host taunting the unstable to act. And the fact that he continues to operate that way and now has a wider TV audience to do that with seems massively irresponsible to me. We have enough people on the edge as it is. The last thing they need is a publicly aired push.

While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.

I'm not denying Updyke's agency. I'm merely pointing out Finebaum's agency in encouraging such behavior through derision of the unstable.
08-18-2019 01:32 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:09 PM)quo vadis Wrote:  
(08-18-2019 01:05 PM)vandiver49 Wrote:  While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.

I agree with you that I can't assign Finebaum blame either. The guy who poisoned the trees has 100% of the blame. And like JR, I don't like Finebaum.

But I disagree about the fine. The fine should be what it is, but perhaps the payments should be reduced to fit what he can pay given his financial situation. Garnish his pension at an amount that keeps his head above water, but the full amount should be on the books, so that it can be deducted from his estate when he dies or can be fully enforced should he suddenly come in to a lot more money, like if a relative dies and leaves him something, he wins a lottery jackpot, etc.

While it think the amount is appropriate for the crime committed, carrying the sentence out for an individual that can’t pay it IMO makes a mockery of the judicial process.
08-18-2019 01:43 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:43 PM)vandiver49 Wrote:  
(08-18-2019 01:09 PM)quo vadis Wrote:  
(08-18-2019 01:05 PM)vandiver49 Wrote:  While I dislike Finebaum’s show for the reasons you mention, I can’t assign him any blame. Doing so denies Updyke’s agency. Harvey had multiple chances to stop himself before he put the tree poison in the ground.

That said, his fine is excessive by virtue of the fact that he simply lacks the ability to pay it voluntarily. His pension should have simply been garnished.

I agree with you that I can't assign Finebaum blame either. The guy who poisoned the trees has 100% of the blame. And like JR, I don't like Finebaum.

But I disagree about the fine. The fine should be what it is, but perhaps the payments should be reduced to fit what he can pay given his financial situation. Garnish his pension at an amount that keeps his head above water, but the full amount should be on the books, so that it can be deducted from his estate when he dies or can be fully enforced should he suddenly come in to a lot more money, like if a relative dies and leaves him something, he wins a lottery jackpot, etc.

While it think the amount is appropriate for the crime committed, carrying the sentence out for an individual that can’t pay it IMO makes a mockery of the judicial process.

The mockery of justice Vandiver is the fact that his destructive dumb butt isn't in jail! A fine that's too large to be effective is only part of this. The fact that the punishment isn't effective will only encourage other such miscreants in their ill advised endeavors for attention. Jail serves not only as punishment for Updyke but also as a deterrent for others.
(This post was last modified: 08-18-2019 01:52 PM by JRsec.)
08-18-2019 01:47 PM
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RE: Bama fan who killed Auburn trees not paying up
I agree 100% with jrsec here...
08-18-2019 01:47 PM
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vandiver49 Offline
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:27 PM)JRsec Wrote:  We have no need in our society of people who incite idiots to commit crimes. We have too many idiots and not enough police!

IMO, Finebaum doesn't need to be on the air period.

I’m going to have the side with Voltaire as Finebaum clearly has a market. I’m not down with censorship for ‘the greater good’.
08-18-2019 01:48 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:47 PM)JRsec Wrote:  The mockery of justice Vandiver is the fact that his destructive dumb butt isn't in jail!

True, but politically we have decided that non-violent offenders shouldn’t be in prison. Which is why the prosecution opted for a fine.
08-18-2019 01:50 PM
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RE: Bama fan who killed Auburn trees not paying up
He shouldn't have done what he did, but 800,000 seems awful high for a guy (probably) living paycheck to paycheck on a retired police pension. Guessing he makes at most 40 or 50K a year between pension and social security, unless he has other sources of income.
08-18-2019 01:52 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:48 PM)vandiver49 Wrote:  
(08-18-2019 01:27 PM)JRsec Wrote:  We have no need in our society of people who incite idiots to commit crimes. We have too many idiots and not enough police!

IMO, Finebaum doesn't need to be on the air period.

I’m going to have the side with Voltaire as Finebaum clearly has a market. I’m not down with censorship for ‘the greater good’.

So your cool with people who yell fire in a crowded theater? People's rights to say things that can incite crimes I don't believe is protected speech. It's okay for Finebaum to say "You're an idiot if you think destroying property is an appropriate reponse." It's not okay for him to say, "I don't think you are man enough to back that up." when a threat has made.
(This post was last modified: 08-18-2019 01:56 PM by JRsec.)
08-18-2019 01:54 PM
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RE: Bama fan who killed Auburn trees not paying up
(08-18-2019 01:50 PM)vandiver49 Wrote:  
(08-18-2019 01:47 PM)JRsec Wrote:  The mockery of justice Vandiver is the fact that his destructive dumb butt isn't in jail!

True, but politically we have decided that non-violent offenders shouldn’t be in prison. Which is why the prosecution opted for a fine.

That's a huge loophole for people who don't have anything to lose but their freedom!
It basically means that it is open season on property crimes.

And for those reading, I respect Vandiver's views and Vandiver. The point I'm making is a distinction between what the law "is enforcing" and "what it is not enforcing that should be enforced."

Laws are most effective when they are simple enough for everyone to understand them and the punishment is unambiguous with regard to the crime.
(This post was last modified: 08-18-2019 02:27 PM by JRsec.)
08-18-2019 01:58 PM
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