[NCAA] A New Low

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DarkAudit

DarkAudit

I lived for a time in SEC territory, so I know how intense the rivalries can get, but this takes the cake, and then dumps a barrel of herbicide all over it.

Former Auburn football coach Pat Dye calls this an "individual act". There are people calling radio shows and posting on the internet defending this guy. Sorry, coach. You're wrong on this one.

I really can't add to this story beyond...
:facepalm:
 
strawman

strawman

For those that are too lazy to click through:

A man calling himself "Al from Dadeville" phoned a radio show late last month, claiming he poured herbicide around the 130-year-old oaks that are the scene of celebrations after Auburn's sports victories. The caller signed off by saying, "Roll damn Tide."

"This person obviously has problems to do something like this," Dawson said at a news conference outside the administration building. Dozens of students and fans attended the news conference as the Auburn community mourns the apparently imminent demise of the trees.

The man allegedly responsible for poisoning the live oaks at Toomer's Corner where Auburn fans have long celebrated big wins has been arrested and charged.

Auburn Police Chief Tommy Dawson said Harvey Almorn Updyke Jr., 62, of Dadeville, Ala., was arrested at the police station at 1:26 a.m. Thursday and was charged with one count of first-degree criminal mischief.

Bond was set at $50,000. If convicted, Updyke could face one to 10 years in prison. His court-appointed attorney, Philip Tyler, filed a motion to withdraw as Updyke's representative, citing his former job as a part-time Auburn professor and "numerous" family and personal ties.

The trees were poisoned with an herbicide, Spike 80DF, that is used to kill trees.

Auburn said test results indicated the herbicide levels found ranged from 0.78 parts per million to about 51 parts per million. He said studies have indicated that "100 parts per billion was toxic to some species of oak trees."

"Every expert I've talked to around the country in mentioning rates up to 51 parts per million, they were very discouraged and did not offer up a lot of hope due to the extremely high concentration," Enloe said.

Gary Keever, a horticulture professor, said Thursday that Spike 80DF can sometimes inhibit growth for as long as seven years.
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Ravenpoe

Ravenpoe

That's a pretty shitty thing to do, but I'm seeing some pretty heavy comments levied at him, most saying he should get the maximum sentence (10 years).

While the guy was definitely acting like a douche, in the end, he killed a tree. An old tree, a historical tree, but still, a tree.
 
DarkAudit

DarkAudit

Ravenpoe said:
That's a pretty shitty thing to do, but I'm seeing some pretty heavy comments levied at him, most saying he should get the maximum sentence (10 years).

While the guy was definitely acting like a douche, in the end, he killed a tree. An old tree, a historical tree, but still, a tree.
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When stripped of all emotion, yes, that is all he did.

BUT... what matters here is intent. And his intent was to do far more than just kill a couple of oak trees. He wanted to strike at the heart of the Auburn community and cause as much emotional trauma as possible. And prosecutors will absolutely bring that up at trial.

The public defender assigned to the case has already had to recuse himself, as he and his law firm have strong ties with Auburn University.
 
Tress

Tress

Ravenpoe said:
That's a pretty shitty thing to do, but I'm seeing some pretty heavy comments levied at him, most saying he should get the maximum sentence (10 years).

While the guy was definitely acting like a douche, in the end, he killed a tree. An old tree, a historical tree, but still, a tree.
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Well, he destroyed something that is A) unique, B) takes decades to replace, and C) expensive. Not to mention this was done as a form of mini-terrorism against college rivals, and there's no number we can put on that. I'm not saying he should be executed, but why shouldn't he be prosecuted to the full extent of the law?
 
strawman

strawman

Ravenpoe said:
That's a pretty shitty thing to do, but I'm seeing some pretty heavy comments levied at him, most saying he should get the maximum sentence (10 years).

While the guy was definitely acting like a douche, in the end, he toppled the Washington monument. An old monument, a historical monument, but still, a monument.
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If someone managed to topple the Washington Monument would you then agree that the maximum penalty of 10 years was acceptable? The value of the trees is nearly inestimable - you can't simply replace them with new 130 year old trees. At least if the Washington monument was broken you could reconstruct it, and there would be a price tag.

I understand that you see it merely as a tree, but it should at least be obvious that:

* He didn't own the tree
* The value, even without any of the symbolism, is much greater than a few hundred thousand dollars (in terms of what it would cost to find another 130 year old set of trees, and make an effort to move them using heavy construction equipment to the new location, etc)

It was willful, malicious destruction of property. It's no different than arson on a 130 year old mansion.

So yes, even if you remove everyone's personal feeling about those trees, the willful destruction of essentially irreplacable property can yield a sentence of 10 years, and that would be valid.

Now you pile on the idea that it wasn't just any tree, but a tree which has value to the community as a whole, and it's akin to destroying a public park or building.

Would you agree that a 10 year sentence is reasonable if he had torched a small library? Community center? Elementary school?

On top of that, he bragged about doing this on radio! He could have readily done it and gotten away with it, but he wanted to inflict the greatest emotional damage on the fans that he possibly could.

The tree is essentially dying before their eyes. It's not like stealing a mascot - here today, gone tomorrow. It's like watching someone go through cancer - they look happy and healthy, but you know they've already reached stage four, and their inside are literally being eaten. And you just get to sit there, not being able to do anything.

But yeah, it's just a tree. Slap him on the wrist and be done with it.

 
Dave

Dave

Staff member
Living in Nebraska I can see people doing that here. When you have your whole life wrapped up in something like that it's just sad. To be 60+ years old and having your whole life revolve around the actions of a bunch of 20-24 year old guys you need to do some re-evaluating of your life.
 
drawn_inward

drawn_inward

Dave said:
Living in Oklahoma I can see people doing that here. When you have your whole life wrapped up in something like that it's just sad. To be 60+ years old and having your whole life revolve around the actions of a bunch of 20-24 year old guys you need to do some re-evaluating of your life.
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This. I actually worry about having an OU sticker on my truck here at OSU. People are pretty dumb when it comes to football/sports.

I think the dude should get charged for poisoning the ground, and possibly endangering people by poisoning the water supply (unless it's not toxic). Pretty dumb. I hope the Auburn fans have a classy reaction, and don't exacerbate the issue.
 
Mathias

Mathias

Ravenpoe said:
That's a pretty shitty thing to do, but I'm seeing some pretty heavy comments levied at him, most saying he should get the maximum sentence (10 years).

While the guy was definitely acting like a douche, in the end, he killed a tree. An old tree, a historical tree, but still, a tree.
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Uh, he pretty much did what people that get hauled up for dumping toxic waste do. You can't just dump poisons on the ground and not expect to get slapped with jail time and fines...

If that herbicide gets washed down and around the campus, it could potentially kill off more than just those oaks.

People get prison sentences for this kind of stuff all the time, and they DESERVE IT!
 
Dave

Dave

Staff member
I say the maximum penalty because it was premeditated, malicious in intent and he's not remorseful about it in the least. If this guy can't get the maximum for a crime who can?
 
jwhouk

jwhouk

Apt punishment would be for the perp to be forced to watch Auburn football every Saturday for the rest of his life. And have a AU logo and "WAR DAMN EAGLE" tattooed on his butt.
 
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