DA rejects no-jail deal in Auburn tree poisoning

Harvey Updyke
Harvey Updyke

The lawyer for a University of Alabama fan charged with poisoning landmark trees at Auburn's Toomer's Corner says prosecutors are rejecting a plea deal where his client would have avoided serving additional time in jail.

Defense attorney Glennon Threatt Jr. says he made what he calls a "low-ball" offer to the district attorney's office on behalf of Harvey Updyke Jr., but prosecutors refused. Threatt says he expects Updyke to be in court for a hearing scheduled for Wednesday afternoon, but it's unclear exactly what will happen.

Threatt says he expects to waive a preliminary hearing where some evidence could be presented. Prosecutors haven't commented.

Updyke is free on bond after being charged with first-degree criminal mischief in the poisoning of the trees, where Auburn fans traditionally celebrate sports victories.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.