Harvey Updyke Jr. has paid the first half of $700 in restitution ordered by a Lee County judge, who warned he would be arrested if he failed to pay the amount by Feb. 11.
Updyke, who pleaded guilty to poisoning the live oaks at Toomer’s Corner in Auburn, was ordered to pay $350 by Jan. 9 and the remaining amount by Feb. 11 or arrest warrants would be issued.
Court records show money orders for $50 and $300 were received Thursday.
Lee County Circuit Court Judge Jacob A. Walker ordered Updyke to make the restitution payments during a hearing in December after finding the 66-year-old willfully in contempt for failing to make regular payments in 2014.
Updyke was ordered in November 2013 to pay nearly $800,000 in restitution to Auburn University for the poisoning of the trees, beginning in December 2013. Auburn University removed the stricken trees in April 2013 and plans to plant two large replacement live oaks on the corner in February.
Updyke was ordered to pay $816,679.98 in restitution, legal and court fees, and fines. His balance currently is $815,934.98 after being credited with paying $745, according to court records.
Updyke unsuccessfully challenged an order to make payments in $500 monthly installments on the grounds it would be a substantial hardship. He asked for the rate to be set at no more than $50 per month.
Updyke, who currently resides in Louisiana, is scheduled for a review hearing on Feb. 13, where the matter of probation revocation could be taken up.
Published: Thursday, January 8, 2015 at 10:00 p.m.
Last Modified: Thursday, January 8, 2015 at 10:52 p.m.
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In addition to the question of restitution in December, the court listened to brief comments from attorneys and a Lee County probation officer about whether alleged social media interactions by Updyke on Twitter and Facebook constituted a violation of his probation conditions.
Under the terms of his probation, Updyke is forbidden from attending any collegiate sports event, has a 7 p.m. curfew, cannot talk with the media, is banned from any AU property and is required to abide by all of the directives of the judge presiding in the case.
Walker amended the conditions of Updyke’s probation in December, forbidding him from having any social media accounts. He also ordered Updyke to cancel unnecessary or noncritical services in his home — such as cable television, smartphone service and the Internet — to free up more funds.
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