Auburn University Tree-Poisoner Released From Jail

By: CBS News Email
By: CBS News Email
Andrew Stanley, Updyke

Harvey Updyke Jr., left/ Photo: Dave Martin, AP

CBS Web Copy

(CBS/AP) OPELIKA, Ala.- Harvey Updyke Jr., the University of Alabama fan who poisoned Auburn University's famed oak trees at Toomer's Corner, was released from jail Monday after spending 76 days behind bars, and was cleared to leave the state.

The 64-year-old left the Lee County jail in Opelika, Ala., this morning after doing time for pleading guilty to one count of unlawful damage to an animal or crop facility.

Updyke was sentenced to 6 months in jail and credited with 104 days for time already served. He will be on probation for the next five years and will have to obey a 7 p.m. curfew, a ban from attending college sporting events, and a ban from stepping foot on Auburn University property.

Andrew Stanley, Updyke's attorney, said his client is going to live in Louisiana with his wife, Elva.

Prosecutors are seeking $1 million in restitution for the trees, but Stanley said this amount is too high and he wants a full hearing.

Even though the case against Updyke in Alabama has been rested, he still has a legal matter to take care of in Louisiana.

Updyke was arrested in September 2012 after being accused of threatening workers at a Lowe's store in Hammond, La.

"He's very sincere. He wants to go back to Louisiana and never wants to be heard from ever again," Stanley said. "Certainly, he's got this case pending in Louisiana that he wants to take care of. I think that's going to be one of the first things he does when he gets down there."

Stanley continued, "He doesn't want to have to deal with this anymore. He wants to pay his money back and be done with the five years, and never be heard from again."

According to Stanley, Updyke's granddaughter was born while he was in jail.

"He's looking forward to getting back to Louisiana to see his granddaughter, his daughter and be able to get back to living a normal life, which certainly hasn't been the case since 2010," the lawyer said.

Stanley also said that Updyke had one request upon his release - a banana, which he got.

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