Auburn/Lee Cty DA seeking $1.042 million from Updyke

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The district attorney’s office estimated the cost to Auburn University and the expenses incurred by the Alabama Department of Agriculture and Industries for analysis of soil samples was $521,396.24.

The university has spent $89,916.74 for work related to the trees so far and estimates their replacement will cost $425,780, according to figures cited in the motion. The motion estimated the department of agriculture spent $5,700 on testing and soil samples.

The district attorney’s office argues the amount should be doubled to $1.042 million under a statute in the Alabama Code that requires anyone convicted of the offense to be required to pay twice the value of the damaged animal or crop for any reasonable costs of replacement.

Under the plea deal, Updyke received a three-year-split sentence, with six months incarceration and five years of supervised probation. He had 104 days of jail credit, leaving him with 76 days to serve at the time of his sentencing in March.

He is completing the remainder of the sentence at the Lee County Detention Center in the medical pod because of his health.

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