Hearing set for Alabama fan who poisoned Auburn oaks, didn’t pay restitution

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Harvey Updyke and his wife walk in the Lee County Courthouse in 2012

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OPELIKA, Ala. (AP) — The University of Alabama fan who admitted poisoning Auburn University’s famed oak trees is due in court for a hearing on whether he should be jailed for not paying restitution.

A Lee County judge scheduled a hearing for Wednesday afternoon for 71-year-old Harvey Updyke, who pleaded guilty to poisoning the trees in 2013.

The retired Texas state trooper wrote in a public Facebook post he’s taking a bus to Auburn from his Louisiana home and expects to be jailed. But a doctor who treats Updyke submitted a letter saying the man is too ill to travel.

Circuit Judge Jacob Walker says he will address Updyke’s medical condition at the hearing.

Records show Updyke has paid only $6,900 of about $800,000 he was ordered to pay in penalties and restitution.

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