Arrest Made: Auburn Toomer’s Corner Oaks Poisoned, Unlikely To Survive (With Radio Show Caller Audio)

February 16, 2011

Auburn University confirmed Wednesday that an herbicide commonly used to kill trees was deliberately applied in lethal amounts to the soil around the Toomer’s Corner live oaks on campus, and there is little chance to save the trees.

The Lee County Sheriff’s Department arrested Harvey Almorn Updyke Jr., 62, Thursday morning and charged him with a felony count of criminal mischief in the first degree. Updyke, according to the Lee County Sheriff’s Department, is a unemployed resident of Dadeville, Ala. Updyke, who attended Milton High School, was being held on $50,000 bond.

The university learned that a caller to The Paul Finebaum Show, a nationally syndicated radio show based in Birmingham, on Jan. 27, claimed he had applied the herbicide. (Click at bottom of page to listen to audio.) As a precaution, soil samples were taken the next day and sent to the Alabama State Pesticide Residue Laboratory on campus for analysis. Due to a small fire that occurred in the Alabama lab in December, the tests were sent to the lab at Mississippi State University in Starkville, Miss., to expedite results.

The City of Auburn Police Division is investigating the situation, and the application of this herbicide, known as Spike 80DF, or tebuthiuron, is also governed by state agricultural laws and the Environmental Protection Agency. The university does not use Spike herbicide.

The lowest amount detected was 0.78 parts per million, described by horticulture experts as a “very lethal dose.” The highest amount detected was 51 parts per million, or 65 times the lowest dose. Experts believe a normal application by itself would have been enough to kill the trees, which are estimated to be more than 130 years old.

“We are assessing the extent of the damage and proceeding as if we have a chance to save the trees,” said Gary Keever, an Auburn University professor of horticulture and a member of Auburn’s Tree Preservation Committee. “We are also focused on protecting the other trees and shrubs in Samford Park. At this level the impact could be much greater than just the oaks on the corner, as Spike moves through the soil to a wide area.” Additional tests are being completed to determine the movement and extent of the area affected, Keever said.

The removal process involves digging trenches and applying activated charcoal to absorb the herbicide from the soil and block its progress. A representative from Dow Chemical, which manufactures the herbicide, is advising the university on removal procedures, and expert horticulturalists are also being consulted.

“We will take every step we can to save the Toomer’s oaks, which have been the home of countless celebrations and a symbol of the Auburn spirit for generations of Auburn students, fans, alumni and the community,” said University President Jay Gogue.

Gogue asked members of the Auburn Family to “continue to be ‘All In’ in upholding its reputation for class” and not allow anger to be expressed inappropriately or undeservedly.

“It is understandable to feel outrage in reaction to a malicious act of vandalism,” Gogue said. “However, we should live up to the example we set in becoming national champions and the beliefs expressed in our Auburn Creed. Individuals act alone, not on behalf of anyone or any place, and all universities are vulnerable to and condemn such reprehensible acts.”

Pictured top: Toomer’s oaks rolled after the BCS Championship Game. Pictured inset: The Toomer’s oaks today. Pictured bottom inset: Toomer’s corner in the 1890’s. Courtesy photos for NorthEscambia.com, click to enlarge.

Comments

63 Responses to “Arrest Made: Auburn Toomer’s Corner Oaks Poisoned, Unlikely To Survive (With Radio Show Caller Audio)”

  1. JCM on February 24th, 2011 6:37 pm

    First, no I didn’t read all the posts.
    2nd, I think the trees being poisoned was very immature and there is no doubt this man was out of his mind…he has no excuse to do this.
    3rd, just in case you didn’t know…these trees had been dying for the past few years and were expected to be dead in the next 3-5…Auburn was already looking to replace them in the near future.
    Now, that doesn’t make it “right” but just in case you didn’t know it isn’t as if these trees were expected to live another 75 years…they were already in the process of dying.
    4th, I don’t think anyone should blame a particular fan base. Everyone who does that isn’t thinking clearly. It isn’t as if the Bama nation got together and voted on poisoning the trees. I believe the worst thing Auburn fans could do is show their ignorance and retaliate.
    5th, I’m an Alabama fan and i can think objectively and without bias. I wish some other people (from both fan bases) would grow up and do the same. Roll Tide!

  2. David Huie Green on February 20th, 2011 12:02 am

    knowing next to nothing about plant biology, still I wonder–or maybe because I know so little about plant biology–if limbs off the trees could be grafted onto other live oak trees. I know it wouldn’t be the same thing, but the genetics would be unchanged

  3. Frank on February 19th, 2011 10:39 pm

    This is a crime committed by a psychotic criminal. To bash Bama would only make you a Biggit! How many people do you know from your own High School that have committed horrible crimes? Do you blame your school?
    No! You Blame the individual! Alabama is not guilty of this crime and all the cheap shots to Alabama and it’s fans should stop.
    Think before you speak! This is one man that is so saddened by a delusional nut jobs acts! But, to blame an entire school and their fans would be just wrong.

  4. David Huie Green on February 18th, 2011 9:04 pm

    parts per billion is reported to be enough to kill it, it was found in parts per million, so it looks roughly like a dose less than a thousandth what was used would have done it.

  5. ifshoefits on February 18th, 2011 8:29 pm

    Does anyone know how much of this chemical would have had to be used to kill trees that large?

  6. me on February 18th, 2011 3:59 pm

    this man is disowned by the bama nation

  7. Same all over! on February 18th, 2011 2:29 pm

    I remember one time when a Auburn fan poured sugar in the gas tank of a Alabama fan’s truck, causing a lot damage and expense, that he didn’t have it to pay (he had 4 small children). Very very stupid!

    It doesn’t matter what school, they all have fans like that!!!!!

  8. Woody on February 18th, 2011 2:04 pm

    Theres been a great deal of Bama fan bashing over this disturbed man’s act but I see where his children and grandchildren are getting death threats from
    Auburn fans. I believe threatening someones life over 2 trees that were dying
    already is more disturbing than what Updyke did. Every college football
    team has a lunatic fringe including Auburn.

  9. Bamatami on February 18th, 2011 1:28 pm

    Replying to DUH….your name says it all.

  10. DEREK on February 18th, 2011 9:42 am

    this guy is sick, and is not a part of the BAMA NATION………

  11. Darryl on February 18th, 2011 9:35 am

    As an Auburn Alumni, this is just crazy. Over a football game? I think the crazy ole buzzard should have to work on ground’s maintenance at Auburn to pay off the damage he has done. I do think a 10 year prison term is excessive for this stupid act when some assault crimes get less.

    As to the campus, this will change the way they celebrate but they will move on and adapt. As to the look of the campus, I’m afraid worse offenses have been done over the years elsewhere. The infilling of all but one open green spaces within the original campus, the breaking of the green along College from the Ag Building all the way to Toomer’s Corner with the library expansion (why couldn’t it go out toward campus?) and the other design decisions that have impacted the feel of the campus. (Dismount soapbox)

  12. Typical on February 18th, 2011 8:38 am

    Typical of the redneck trash that comes out of Milton.

  13. Wally on February 18th, 2011 7:00 am

    stupid people , do stupid things, this man sets the bar for stupid pretty low. In jail his nickname should be—–(Stupid) Forrest Grump said it best. Stupid is as Stupid does.

  14. sktmax on February 17th, 2011 9:16 pm

    First of all this guy is an idiot and they should put him under the jail. It brings the rivalry to an all time low. Whether you want to admit it or not, it makes Bama fans (like myself) look bad. It makes the people of Alabama and college football in general look bad. Vandalizing, defacing, or destroying property is crossing the line no matter what.

    But Auburn, you are champions now. Maybe its time to start a new tradition in your championship era besides TPing the town.

  15. hawghead on February 17th, 2011 7:58 pm

    This has nothing to do with football. This is just another case of an IDIOT wanting his 15 minutes of fame. Well he’s getting now and he’ll get it later….

  16. bama fan on February 17th, 2011 7:20 pm

    first off congradulation to auburn for winning the nat championship,an representing the sec in such a classy way with all the turmoil. second this idiot is in no way representing the intire bama nation,,,,,,,,,,what a moron

  17. David Huie Green on February 17th, 2011 6:38 pm

    REGARDING:
    “people in Alabama are the best on Earth, he is not one of us!!”

    Sad when the people of Alabama disown you and pretend you don‘t exist.

    Apparently the best just isn’t good enough. Or we could be honest and admit there are bad people everywhere, crazy people everywhere, bullies everywhere.

    David (AU-77) knowing Bluff Springs has ‘em all

  18. GOBAMA on February 17th, 2011 6:21 pm

    To all you gator fans that have expressed your anger at the tree killing in Auburn, cheer loudly and be happy because they caught the guy! enjoy, because yall ain’t gonna have nothing else to cheer about for a long time!

  19. Someone from flo-town. :) on February 17th, 2011 6:03 pm

    This makes me aggravated! Why would someone do that!?!?! He needs his booty beat! :/

  20. nudo on February 17th, 2011 5:59 pm

    Seems this couldn’t have come out at a better time for Auburn. There has been hardly anything said about the letter they got yesterday from the NCAA for recruiting violations of two recruits the FBI uncovered oh and there’s still the Cam Newton investigation going on. I think there’s more to worry about then two trees that they already proved where dying before this knuckle head poisoned them.

  21. got2sayyit on February 17th, 2011 5:09 pm

    All good things must end…but then there is opportunity to start another tradition…then let this joker clean it up every year…maybe someone will take the wood and make something good out of it…like a casket for this dude when he dies…Can you think of any other uses for the wood ??;

  22. Dr. Kevin R.Linam on February 17th, 2011 4:46 pm

    This man is obviously mentally disturbed, people in alabama are the best on Earth, he is not one of us!!

  23. Renegade on February 17th, 2011 4:21 pm

    BUCKEYE….you are really pitifullllll….Maybe you should pull for an SEC Team in the future!!!!!

  24. Roll Tide! on February 17th, 2011 3:34 pm

    I was raised an Alabama, and honestly, this isn’t what Alabama tradition, or any of the teams in the SEC are about. This disgusts me, and I truly feel sorry for Auburn University. I know that if someone was to harm Denny Chimes all hell would break loose, and the entire world would know about it. Auburn has every right in the world to be angry, and I feel sorry for them. But degrading the University of Alabama, Nick Saban, and our entire student body doesn’t help the situation. We’re apart of the SEC family too, so don’t count us out. I hope this man gets what he deserves!

  25. JD on February 17th, 2011 3:05 pm

    I can’t believe this idiot would do such a thing! I have been a Alabama fan all my life and this guy is a disgrace to Alabama and to any sport out there. That is unsportsman like and needs not to be tolerated. I am glad he is in jail on charges.

  26. bill on February 17th, 2011 12:31 pm

    yea i’m fla to and this story is just BULL ,GOOD JOB auburn and alabama ,don’t let a insanr fool turn this into anything but what is has been ,good ole southern football ,peace

  27. Woody on February 17th, 2011 12:13 pm

    I’ve been an Alabama fan for over 50 years and this act disgusts me, I hope Auburn fans realize that Alabama fans are sick about this also.

  28. William on February 17th, 2011 11:59 am

    >>Where did the audio go it was on here this morning?!?!

    It’s back at the bottom of the story. It had disappeared due to an editing mistake.

  29. Born in AL, FL raised on February 17th, 2011 11:59 am

    I think this guy’s problems go way deeper than just being a disgruntled Alabama fan. If what he used is that poisonous, then there is a chance that he could have caused illness or death to a human being. I love trees and I don’t understand his need or desire to do that heinous crime either. This is terrible and I feel it is a loss not just to Auburn, but to all of Alabama.
    Maybe he will go to jail for a long time and have that time to think about what he did.
    I was born in AL, raised in FL and live in another state now that has a huge following of college & pro football. I’m always very proud for either of the major college teams in AL or FL when they win. It’s a game. It doesn’t have any effect on my life no matter who wins. People who get too crazed over a football team need to stop and re-think their lives.

  30. JoshBaker on February 17th, 2011 11:57 am

    Where did the audio go it was on here this morning?!?!

  31. Sandra on February 17th, 2011 11:27 am

    If you guys think that he will get jail time for felony criminal mischief you are sorely mistaken. Most likely he will get a fine and probation which is generally the case for this crime. Sorry

  32. student on February 17th, 2011 11:23 am

    This is one of the most ridiculous incidents I’ve ever heard of! Why would you poison something that Auburn fans hold as a tradition, jealousy is a sickness maybe one day this idiot will be cured of it. I hope that he doesn’t think we’re still going to celebrate our wins and such like we have in the past; since this idiot has done this is just makes winning celebrations go longer and make them ten times more better to show Auburn fans have class and don’t have to worry with getting even with a idiotic Alabama fan who obviously takes football a little too serious.

  33. say it ain't true! on February 17th, 2011 11:08 am

    This a sick and twisted man. And he sound proud of it, if he can poison a tree what or who else can he poison? What a world !!!!!! I hope they get him…..

  34. Bleeding Orange and Blue on February 17th, 2011 10:42 am

    I just hope that when the Gators beat bama this year this fan isn’t going to start shooting our gators in Lake Alice. GO GATORS and sorry to all the Auburn fans for this idiots actions. Way to go this year Auburn, way to show the strength of the SEC!!!

  35. Tru2d5 on February 17th, 2011 10:28 am

    According to ESPN Radio a 62 year old was arrested for poisoning the trees. We are season tickets holders for Bryant Denny and are APPAULED by this. I hope he isn’t wearing an Alabama shirt in his mug shot. I will say that the rivalry between Alabama and Auburn has always been kind spirited. We even took our five year old to the Iron Bowl the year before last in Auburn. EVERYONE was so friendly and welcoming. I cannot say the same for FSU, FL, LSU, etc… I hope this doesn’t influence a mean spirited rivalry.

  36. concerned citizen on February 17th, 2011 10:27 am

    This LOW-LIFE should serve some serious time for this! Those trees are not only a big part of Auburn University’s history, they are state treasures.. I cannot even imagine what drove this idiot to this course of action.. Words cannot express my feelings.. I have heard that this guy is an ex Texas state trooper, and I also heard that he has now been arrested.. I hope he gets the book thrown at him..

  37. Soapbox on February 17th, 2011 10:25 am

    Made an arrest 62 year old man from Dadeville, Alabama this morning. Need to have the guys in white coats waiting. He is a real nut!

  38. Soapbox on February 17th, 2011 10:13 am

    I am a die-hard Alabam fan. I love all the rivalry…but I cannot imagine someone that twisted walking around in our society. Please don’t let this one act reflect against all of the Alabama fans that just love the game and the rivalry. I had rather beat Auburn than eat, but not like that. Hope they can salvage the trees and don’t blame all the Tide fans for it. We are just like Auburn fans, only pull for a different team. Roll Tide!

  39. just saying on February 17th, 2011 9:48 am

    Well the idiot was arrested…not for being a “fan” but for being a criminal . he will be jailed prosecuted and punished ..to quote a fav bama saying…Nuff Said…

  40. SaddleUpNRide on February 17th, 2011 9:44 am

    This is so much worse than a poor sport, this is a criminal offense and I hope whoever did this gets jail time and a huge million dollar fine or more. I can’t stand college football season anyway mostly because as soon as I walk into church the first words out of many mouths are “did your team win or lose” and then they go on and on about football… not… are you having a Jesus Filled Day or Has God been good to you this week… I’m just saying Collage football doesn’t need to come into the church.. leave it out in the parking lot. Other than that, everything else is good. I do hope they catch whoever has done this horiffic crime… can they still tar and feather someone is this state?? sounds like a good idea to me.

  41. War Eagle on February 17th, 2011 9:25 am

    You can poison our trees, but you will never take away the PRIDE that comes with being a Tiger Fan!!!! WAR EAGLE…GO TIGERS GO!!!!!

  42. Maria on February 17th, 2011 9:00 am

    I am an Auburn graduate….My children had the opportunity to go to Homecoming this year for the first time. One of things they were most excited about was rolling Toomer’s corner. This was something they will always remember. I am so sad that their children may not have that opportunity. This will affect many generations to come. All of my family extended family members are Alabama fans and they are appauld as well. How could someone be so selfish…..This person needs therapy. The reasons he provided as rationale for his behavior are ridculous. I was born in 1975, I couldn’t have had anything to do with Auburn fans rolling Toomer’s corner after Bear Bryant died. As far as someone putting Cam’s jersey on Bear Bryant’s tombstone; why should all Auburn fans suffer because of a couple of idiots (probably drunk).

  43. duh on February 17th, 2011 8:33 am

    @ bamatami- Im not saying he wasnt a bama fan. He may have been. He also may have been an auburbn student who failed the forestry program offers. If i were an auburn student wanting revenge and trying to not get caught I would call an alabama station and said the same thingg. Its called deflecting suspicion. I would have thrown the ramm jamm yellow hammer thing also. lol. Im just saying before we throw bama fans undewr the bus lets find out what the truth is. BTW I hate bama!

  44. Bamatami on February 17th, 2011 8:20 am

    Replying to Duh: He was an Alabama fan….he said “Roll Damn Tide” at the end! I am so embarrased to be an Alabama fan today! This is horrible! Best of luck to Auburn and I hope they can save these trees.

  45. xpeecee on February 17th, 2011 8:18 am

    Sick!!!

  46. What Next on February 17th, 2011 8:09 am

    SICK, SICK, SICK to let football rivalry control your mind. GROW UP, all of you!!!
    Years ago I lived in Tallahassee FL and had graduated from FSU. I had an ALUMNI FSU sticked on the rear window of my NEW CAR and came to visit my mom in Atmore. Went to Pensacola FL and parked outside a business. When I went to get into my car it had been keyed all the way down on the passenger side. Guess what? Was the weekend that FL and FSU were playing and Emmett Smith was from the Pensacola area. I was not even a football fan, just a college graduate. SICK FOLK football fans. OK to watch sports but to destroy property, come on.

  47. JoshBaker on February 17th, 2011 7:26 am

    This just one example of how sports fans need to get a life quit living through somebody else’s life. Who cares if some collage KIDS put a jersey on a statue? Oh yeah you football fans do.

  48. Grangran on February 17th, 2011 6:38 am

    While this is disgusting and shows just how sick some people are, I don’t believe it is a reflection of all Alabama fans. I pray Auburn fans handle this with grace, and don’t get caught up in the mindset of this sick person. Let the law handle this!

  49. Michele G on February 17th, 2011 5:38 am

    Anyone who claims to be a Bama Fan and thinks this is great really should get a new team. This is sad and disgusting!! I hope they catch the sick jerk!!

  50. AL on February 17th, 2011 12:04 am

    classless
    kind of like some of the comments

  51. duh on February 16th, 2011 10:33 pm

    Just because the guy called an alabama radio show doesnt mean he was a bama fan. I am not a bama fan or an auburn fan but this is ridiculous. I cant wait till they catch the guy so he can explain why he did it. On the bright side, Its reported that auburn is going to claim this on their insurance so they can recoop the 180,000 dollars they paid for the Nat’l Championship.

  52. Buckeye on February 16th, 2011 10:32 pm

    Just because the guy called an alabama radio show doesnt mean he was a bama fan. I am not a bama fan or an auburn fan but this is ridiculous. I cant wait till they catch the guy so he can explain why he did it. On the bright side, Its reported that auburn is going to claim this on their insurance so they can recoop the 180,000 dollars they paid for the Nat’l Championship.

  53. David Huie Green on February 16th, 2011 9:42 pm

    you might remember there was an oak down near Mobile where a lady paid some folks to girdle it to killit.

    It was her oak, nobody offered to buy it from her, but still a shame to have lived centuries to fall to a hissy fit.

    also not how many millions of pines we have killed which were centuries old. These weren’t even his trees, though.

    Now if I can ever get rid of these popcorn trees……

  54. Nick on February 16th, 2011 9:30 pm

    Why kill trees? Get him off the streets. He needs help in two ways, Mentally and protection from other ediots for such a mean spirited act. MSUDog

  55. JW on February 16th, 2011 9:06 pm

    Hold on Barners, not all BAMA fans are fools! I hate that the trees have been poisoned. Don’t put us all in the lot with the other bad eggs. You guys got some too ya know.

  56. David Huie Green on February 16th, 2011 8:42 pm

    Tree terrorists?

    We share this planet with some strange sorts, don’t we?

    I wish they would be more willing to share it with us.

  57. Sheila Rodgers on February 16th, 2011 7:46 pm

    This is the difference between a fan and a fanatic!!

  58. WORRIED RESIDENT on February 16th, 2011 7:38 pm

    Some fans go to the extreme! This is utter nonsense, and when he is caught, he should have to be a fan from prison!!!

  59. samantha on February 16th, 2011 7:23 pm

    another Alabama fool

  60. a harsh judge on February 16th, 2011 7:13 pm

    This has to be a sick Alabama “fan.” But he’s gonna be undone by his need to brag about it to his buddies and one of ‘em’s gonna have a conscience and turn him in. He won’t be able to keep it to himself. His stupidity will get the best of him one of these days. What a low life – and I’m a Florida fan!

  61. dnutjob on February 16th, 2011 7:11 pm

    So senseless. :(

  62. just saying on February 16th, 2011 6:57 pm

    I hope this does not turn into an Alabama vs Auburn debate…this was a criminal act…disgusting!

  63. Shaun on February 16th, 2011 6:49 pm

    Im a die hard bama fan but this still sickens me. I just listened to the playback on the radio shows website where the guy called in and it made me sick to hear because this one idiots actions hurts all of Alabama fans. I say congrats to Auburn and I hope there is some way they can save these trees and catch this low life loser.