FBI Investigating Threat To The Grove

((HT: University of Mississippi))

Here's the note from the school in its entirety:

A handwritten note threatening damage to trees and shrubs in the Grove at the University of Mississippi and signed "Hail State/Go to Hell TSUN" was turned over to the Jackson office of the FBI today (Nov. 26) by UM Police Chief Calvin Sellers.

The note, which arrived on campus late Tuesday (Nov. 25), said:

"What's going to happen to ya'll on the field Saturday Aint nothing compared to what's going to happen on your beautiful campus. You won't be one of the most pretty campus's Next year. A lot of shrubs and trees are going to die; especially in the grove. Can't stop us" (signed) "Hail State Go to Hell TSUN."

Law enforcement authorities are taking the threat seriously and are encouraging fans to report suspicious behavior, Sellers said. In addition, he said, law enforcement resources have been added to address fan safety inside and outside the stadium.

"This longtime football rivalry has separated families and friends for generations, but while it's spirited, our attention has been focused mostly on the football field," Sellers said. "We encourage everyone to remember that this is a game, after all, not a time for hate. We are hopeful that passions have not escalated to the point that someone is prepared to do damage to a landmark for which all Mississippians take great pride."

Just what the Ess-E-Cee needs on another rivalry weekend...

Another round of this...
((HT: Paul Finebaum Radio Network))


It's under investigation...

Auburn Tree Poisoner Updyke To Be Released Monday

Updyke's Booking Photo

((ht: al.com))

So, he's apparently done his jail time, but the crime is one that can't be taken back.

Harvey Updyke, the man convicted of poisoning the gigantic oak trees at Toomers Corner, an Auburn tradition, will be released from jail on Monday. He had initially pleaded guilty to one count of unlawful damage of an animal or crop facility as part of a plea agreement with county prosecutors.

Updyke has spent the remainder of his 6-month jail sentence in prison at the Lee County jail. The jail sentence was part of a 3-year split sentence. He'll also be on supervised probation for the next 5-years. His supervision will probably be transferred to Louisiana where he is living with family.

Read the full story from AL.com RIGHT HERE

You'll recall Updyke apparently poisoned the trees sometime after the 2010 Iron Bowl and then called Paul Finebaum's radio show and admitted to it.


It took some time for the case to come to trial, but he was finally sentenced on March 2013 of this year after cutting a plea deal with prosecutors.

Words cannot describe the outrage of Auburn alumni and in this case, the entire state of Alabama. As part of his probation, Updyke will not be allowed even remotely near the Auburn campus, he can't attend any sporting event, can't talk with the media, and has a 7PM curfew.

The HQ thinks two or three of the parameters will broken within a year of his release. And Lee County (AL) prosecutors are still trying to figure out the whole million-dollar restitution thing...

The Beginning Of The End: Toomer's Oaks Coming Down

((HT: Alabamas13.com/WVTM))

And the Loveliest Village will continue to remember Harvey Updyke for what is going on this morning...
Crews are beginning the removal of the Oaks at Toomer's Corner...
Evidence Below...
WVTM-TV: News, Weather, and Sports for Birmingham, AL

Security was hanging out around the trees all night so there would be no last-minute rolling to hamper the removal that started this morning...

The limb removal is today while the trunks will remain until the end of football season when the university and city of Auburn will start the renovation project at the Corner. The crew is trying to make as few cuts on the trees as possible since the limbs are being turned into mementos of some sort...

The Auburn community is seeing this as a sad day and nothing more... short of disgusting fanaticism that caused an act that never should have gone down in the first place...

More when we know more...

Toomer's Oaks: A Week Before The End

Admittedly, I have had inside information on this the whole time... but, at the same time, I understand what all this means...

It starts with a phone call...
((HT: Paul Finebaum Radio Network))


And ends with either an Irish wake or a funeral- depending on your perspective... and there are those on the Plains that probably feel both and will feel both after the Auburn spring football game next Saturday...

It is being presented (saying "promoted" doesn't feel entirely appropriate) as "One Last Roll" where you can buy officially wrapped toilet paper and other memorabilia. The proceeds are going to a fund that support the Auburn University Alumni Scholarship fund and the Auburn Downtown

Merchants for various activities.

It's reverence and understanding that a rivalry has its fringe elements that will always hate (and I

Toomer's Corner From The Drugstore

use that word in its most literal form)- for whatever illogical reason. And, in talking with TBH, she was at a profound loss trying to come up with the proper words to describe the act that Harvey Updyke perpetrated on 150-year old oaks that are just as much a part of the fabric of her university as Nova, Momma Goldberg's, Guthrie's, Beard-Eaves, Sportsman's Park, Shug Jordan, Pat Dye, the three Heisman winners, and "Punt, Bama, Punt."

She tried to use unconscionable, unfathomable, evil, and sociopathic. But most sociopaths feel theirs is a level of superior intelligence over the people they have exerted some kind of control.

And, in some other peoples view, it takes a real man to take out his unfounded frustrations in a rivalry on trees. The reason that Updyke pleaded out was that the trial would still be going on at the date of the spring game- and it would be even more of a firestorm if every act was going on simultaneously than instead of getting out of the way as Updyke's attorney did.

The Never To Yield Foundation has been getting inundated with angry Auburn fans once they found out that the four-letter is coming to cover the last roll. They're not there for the spring game... just the rolling of the oaks. All of the supporters would like to treat the lucky crew they send with the same amount of respect they feel they got in the latest Selena Roberts/Shaun Assael stories.

So, what are the folks at NYT saying in return: take the high road...

Rolling the trees for the final time on April 20 is about Auburn and Auburn alone. It’s not about Harvey Updyke and his insufficient justice. It’s not about the latest shot fired in a rivalry. It’s not about sycophantic radio callers or braying hosts who encourage them. It’s not about Selena Roberts or ESPN or any of the other media minions.

That Saturday is about the Auburn Family and honoring our cherished traditions.  It’s a chance for us to say farewell to the trees which meant so much to generations of Auburn fans and to celebrate our future together.  Ever to conquer. Never to yield.

It’s about us.  Don’t let anyone or anything detract from that.

Be gracious to ESPN reporters.  Show them what Auburn hospitality is all about, even though we all may feel slighted by the attacks we’ve suffered.

So, we'll see if that ends up the case... I still think that some drunken clown will treat the reporter (my guess, Tom Rinaldi, so he can incorporate children, puppies, and crying- sometimes all at once in his post-rolling opus) much like some Rutgers kid did John Barr and his videographer...

((HT: ESPN))


But for what Updyke did, in not only crossing the line of being an Alabama fanatic but pole vaulting way-the-hell over it, he soured part of the history of the Ess-E-Cee.

Each school has it's own traditions...

If Georgia had found UGA murdered by a Florida fan, if someone had chased after Smokey in Knoxville and ended his life, poisoned Mike The Tiger's food at LSU... that's about as close as the Auburn community feels what went down. And it something that can't be erased, taken back, or made good in any way... ever...

And while the Oaks were rolled for 76 years, generations of fans in the conference will have no idea about the history of the trees- except for the ending... a brutal, disgusting, classless act that has a bit of irony now...

The irony of Toomer's Oaks- still blooming

Because of all the horticultural steroids and treatment the Oaks have been given, they still bloom even as they are dying.

So, there are those who look at the trees and feel that moment of "Hey, wait... look at that... maybe..."

And, then, the wake-up call that it's time for them to go.

All the history of celebrating countless important victories for the school- regardless of sport- will have to be partied about in an entirely different manner to be determined, agreed to, endorsed, and participated in with all the zeal of the past with a gaping hole to fill both on a four-way stop in the heart of downtown and in the hearts of thousands of alums and fans across the southeast.

TBH admits that the next time she goes to the corner it will be weird since the Oaks will be removed and something else will be in their place- probably, a plaque, a monument, or another inanimate object that's non-Spike80DF-able...

And I get it... completely... she and her family (blood or otherwise) have regaled me of countless stories about rolling trees and I have seen, in my time, the watering of the TP so the trees can be trees again.

Will fandom and fanaticism turn a corner because of the removal...???
Doubt it...

But you'd like to think someone might think a few times before doing something as astronomically stupid as dropping a pesticide deep enough into the ground to have people concerned about the water table...

Here's to Auburn celebrating like the Whos on Christmas morning on the 20th... and everyone else being respectful... even if it is just for one day...

DEVELOPING: Updyke Takes Plea Deal

((HT: WSFA-TV))

A month before the Auburn University spring game and the last time that the community will be able to roll Toomer's Oaks before their removal, Harvey Updyke has taken a plea deal in the poisoning of the trees with Spike 80-DF.

As a result, Updyke will be sentenced to three years in jail- entering a plea of guilty to Criminal Damage to an Agriculture Facility, a class C felony, but he should remain in jail for a period at least six months.

After his release, Updyke will be under supervised probation for five years, he will be required to stick to a 7PM curfew, and he can't attend any college sporting event. He is also banned from going to anything "Auburn"- not that they would let him into anything in the first place...

He is also under a media gag order...
And that will be interesting as to whether or not he'll stick to that one...

Restitution costs have not yet been determined, Lee County (AL) District Attorney Robbie Treese said at a press conference. But he added that whatever the cost is, it will be doubled under the Alabama Farm Animal, Crop and Research Facilities Protection Act.

Kinda like an anti-trust case...

"We have a significant number of violent felonies awaiting trial in Lee County," DA Treese said, "and I could not in good conscience justify financing a three week trial merely to arrive at no better a resolution."

Here's the phone call that started it all...
((HT: PFRN))


Here's the latest from Montgomery...
((HT: WSFA-TV))
WSFA.com: News Weather and Sports for Montgomery, AL.

More when we know more...

DEVELOPING: Updyke Bond Revoked

((HT: OANow.com/Taylor))

At his bond hearing this morning in Opelika, Alabama Circuit Judge Jacob A. Walker III revoked Harvey Updyke’s bond due to an outstanding arrest warrant in Louisiana (pictured right, thanks WTVM-TV)

District attorneys asked for the bond to be revoked on an incident that happened in Hammond, Louisiana back in September with a Lowe's store employee over the lawn mower that Updyke wanted to return. He was charged with assault after being initially charged with "making terroristic threats." Updyke, also apparently, failed to appear for a court appearance in November for the charge.

Here was the report from the lawnmower incident...
((HT: ESPN))


Updyke will remain in the Lee County (AL) Detention Facility until his trial starts on April 8 or until a motion for his release is granted. Updyke is charged with in the Toomer's poisoning case:

Two counts of first-degree criminal mischief,
Two counts of desecrating a venerated object and,
Two counts of unlawful damage, vandalism or theft of property from a farm animal or crop facility

The defense for Updyke also is asking for a change of venue for jury pool selection and court administration...

None of that is a surprise to the HQ...

DEVELOPING: Toomer's Oaks To Be Removed After A-Day

The Tree Preservation Society at Auburn University now sees no opportunity for the oaks at Toomer's Corner (pictured right, thanks Auburn University) to survive...

While no date for their removal has been set, the school is going to celebrate their treasure one more time in the spring...

Circle April 20 on your calendars for A-Day and the subsequent celebration...

"The Oaks at Toomer’s Corner have been a part of Auburn tradition for generations,” said FOSG Debbie Shaw, Auburn University vice president for alumni affairs and executive director of the Auburn Alumni Association in the standard release. “Their removal will in no way diminish the Auburn Spirit, which has grown even stronger during these past two years.”

And, then, the new ideas are coming forward to see how Auburn fans and supporters will be able to do their school spirit-rolling after the oaks are gone. The university and city of Auburn will create structures at Toomer's Corner for rolling...

"The architects are combining their expertise and experience with the terrific input from the Auburn Family to come up with a future plan that we will all be proud of,” said Dan King, assistant vice president for Auburn University Facilities Management.

“We want people to be upbeat about the future of this area,” Shaw said. “Rolling the corner is a uniquely Auburn tradition, and whether we roll trees or other structures, the camaraderie and sense of togetherness is part of what makes Auburn a special place.”

One final roll on 4:20, huh...???
Nicely done- even if it's not in Colorado...

And, for those of you who are wondering about the legal system in the state of Alabam, the trial of Harvey Updyke is set to start at April 8... and, whaddya wanna bet there's another continuance before hand...???

DEVELOPING: Limbs Removed From Toomer's Oaks

((HT: WTVM-TV Columbus))

It was an eventuality more than anything else...

Full disclosure...

TBH is an Auburn grad, as is her entire family, and they get physically ill when having to recall what Harvey Updyke did to the oaks at Toomer's Corner on the Auburn campus over a year ago...

Now, against all hope they had, crews have started to remove the more dying limbs from the oaks as they make the slow processional to eventual death and removal.

Here's the early story from the Corner...
WTVM.com-Columbus, GA News Weather

Auburn University released a statement: "While long-term decisions about the trees have not been made, fans are still welcome to gather at the corner this fall and continue the tradition of rolling the trees with toilet paper."

The larger story, now, is what has been the delay in the prosecution of Updyke- other than the standard legal system delays. Here's to hoping that the two timetables will be a little more intertwined from now on...

Suprise! (Not): Updyke trial delayed because inability to find jury

Harvey Updyke/Court Pool

((ht: al.com))

Seriously? Is anybody who lives in the South or in particular Alabama surprised at the revelation of Lee County court judge Jacob Walker?

Walker decided Thursday morning, day 3 of jury selection in the trial of accused Toomer's Corner tree poisoner Harvey Updyke, that there would be no way to find an impartial jury.

We're guessing the fact that the trial was to be held in Opelika, home of Toomer's Corner and more specifically the Auburn Tigers might have something to do with that.

Walker attributed the tainted jury pool to Tuesday's report that Updyke confessed to a reporter for the Auburn student newspaper outside the courthouse. He was apparently shocked at how many people heard reports on that.

More from AL.com RIGHT HERE

Really? It never entered the judge's mind that pretty much everyone in the local area would have some familiarity with this before Tuesday? If that is so, the question should be what universe does he live in? He does remember that Opelika is the home of Auburn University? Right?

In the meantime, the defense has been granted a continuance and the judge is now open to a "Change of Venue" motion.

The question here is "Why would he not entertain one before now?"

Harvey Updyke nears trial: Finding impartial people in Opelika (UPDATE: Did He Confess...?)

((ht: al.com))

Harvey Updyke

In other trial news, the legal proceedings against accused Auburn/Toomer's Corner tree poisoner Harvye Updyke is beginning jury selection.

You'll recall Updyke is accused of poisoning the giant Toomer's Corner oak tree near the Auburn University campus. He admitted on a radio show that not only did he do it, but he did it because of a perceived injustice to his University of Alabama Crimson Tide by Auburn fans. An injustice that never actually happened.

In Tuesday's jury selection, several of the 85 selected, potential jury members were very familiar with the case and wanted to see Updyke convicted.

Not a surprise.

Read more from AL.com RIGHT HERE

Ha!

Good luck finding an impartial jury in Opelika. While we have nothing against Auburn fans, we are fully aware that pretty much everyone in and around the Opelika area is a hardcore Auburn fan. And a few are fans of Alabama. The same Alabama who has stood by their hated Auburn rivals in the utter contempt of the act Updyke is being charged with.

So, to put it simply, this might take awhile. But eventually it will come to trial and we don't expect that it will last long. But we will try our best to keep you updated.

PM UPDATE: According to Evan Woodbery at al.com, Updyke has confessed to the crime to a reporter from the Auburn Plainsman student newspaper:

"Did I do it? Yes," Updyke reportedly told Plainsman reporter Andrew Yawn, who has been covering the trial.

Auburn Nears Decision On Toomer's Oaks

((HT: WTVM-TV Columbus))

Sadly, it appears that the oaks on Toomer's Corner are heading downhill and will probably die- all thanks to Al From Dadeville and his inherent stupidity...

Auburn is trying to come up with solutions for the Oaks themselves after they die and what, if anything, may replace them in that ground- if it's safe to plant anything there ever...

The school has some ideas... but would like some more...

FOSG Debbie Shaw plays prominently in Elizabeth White's piece...


Al is still waiting for his trial to start. It's supposed to be late April...
It can't be over soon enough...

REPORT: Updyke Turns Down Plea Deal

((HT: Birmingham News))

Evan Woodbery of the Birmingham News, among others, is reporting that alleged Toomer's tree poisoner Harvey Updyke turned down a plea deal.

The deal would have meant a sentence of 13 years behind bars for his act of treachery and a permanent ban from Alabama football games...

The HQ figured where that would go immediately- if not sooner- in all of this...

Here's Updyke returning to a Lee County court earlier this week when his current attorney, Everett Wess, asked the current judge in the case recuse himself and tried to move the trial out of Lee County ((AL)).


The trial is scheduled for March, but the HQ will believe it when the HQ sees it.

Alleged Tree Poisoner selling gear to cover expenses

Harvey Updyke mug shot

((ht: al.com))

This is weird. Although, we guess you gotta do what you've gotta do to raise money.

The family of the man accused of poisoning the Toomer's Corner oak tree in Auburn, Harvey Updyke, have created a website to help Updyke raise money to cover court costs and other expenses.

The site is offering T-Shirts, stickers and autographed photos. And yes, the t-shirts say "Free Harvey Updyke".

The page is on Facebook, you can find it RIGHT HERE

AL.com provides the original story RIGHT HERE

While we think this is morally wrong on multiple levels, we can't argue that the Updyke family has a right to do this. And we know, and think Auburn fans should be outraged by it. But again, there is nothing they can do about it.

Ultimately a court will decide if there is enough evidence to prove if Updyke did actually do what he is accused of. It's kind of sad that he has become somewhat of a regional celebrity, but these days it doesn't take much to get that title. And while we get the "Raising Money for Legal Expenses" part of this, the paying off the wife's "Back Surgery" isn't exactly something you can do by "Raising Money".

Not that we'd do it, but if an Auburn fan wanted to ask someone about whether the Updyke's registered as a "Non-Profit" or if they are charging taxes for the gear might be a good question to ask some folks in the "Authority" business.