Harvey Almorn Updyke, Jr. has been arrested for allegedly posioning the large 130 year-old oak tree located in Toomer's Corner on the Auburn campus. He has been charged with first degree criminal mischief, and could face up to 10 years in prison if convicted, although he would likely serve considerably less time, probably two years or less. Police traced two phone calls claiming credit for the incident to Updyke's house, and he was subsequently arrested.
Based on some of the evidence that the state's attorney will have on Updyke, including him having knowledge of what herbicide was poured into the soil and claiming credit for the attack, my guess is Updyke will attempt to reach a plea bargain with the state in exchange for a much lesser penalty. However, it will be interesting to see how that turns out given that many in the Auburb area are so livid and distrought by the event that there will be considerable local pressure on the state's attorney to get the maximum penalty allowbale for Updyke.
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