According to Alabama.com, a man that had previously used an insanity plea, now more commonly referred to as a mental disease plea, changed his plea to guilty for poisoning oak trees on the Auburn University campus and has been sentenced to three years in prison.
H.U. Jr. was charged with criminal damage of an agricultural facility – he had poisoned Toomer's Oaks in 2010 with a toxic herbicide.
Attempts at saving the trees, according to Opelika Auburn News, have been abandoned and they are now scheduled for removal.
Lee County Circuit Court Judge Jacob A. Walker II issued his sentence after H.U. II entered his new guilty plea as part of a plea agreement. According to the Lee County District Attorney's Office, the charge is a Class C felony.
Attorney Andrew Stanley stated that his client, H.U. Jr., has apologized to the court, his own family and the state of Alabama for his actions. Stanley added, "He was very remorseful about what he had done" and his client agreed to the plea deal as he "was ready to get it behind him."
H.U. Jr. will be serving a three-year split sentence – in which we he will be in jail for six months and after his release he will have five years of supervised probation. During the probationary period he must adhere to a 7 p.m. curfew, not attend any collegiate sporting events, not speak to the media and stay away from any Auburn University property.
H.U. Jr. was arrested in Lowe's Home Improvement store in Hammond in September of 2012 and, also part of his probation, is not allowed to enter the store.
The court will be deciding on the matter of restitution at a later time.
Lee County District Attorney Robbie Treese released this statement: "Whether or not Mr. (H.U. Jr.) can manage to stay on probation is entirely up to him. Despite the destruction he has caused, no one is capable of diminishing the spirit of our community."
As to the question of a jury trial in Elmore County, Treese told reporters, "We have a significant number of violent felonies awaiting trial in Lee County, and I could not in good conscience justify financing a three week trial merely to arrive at no better a solution."
The defense also abandoned the idea of a trial in Elmore County as it was felt that an impartial jury would not be found.
H.U. Jr. was originally charged with a series of Class C felonies and Class A misdemeanors. Being found guilty of the Class C felony alone could have put him behind bars for up to 10 years.
The original charges included criminal mischief, desecration of a venerated object and unlawful damage to a crop facility charges.
Stanley said that that his client had served 104 days in jail – which will be credited – and is required to serve another 76 days. The remaining time will be served in the medical pod of the Lee County Detention Center.
Contact a criminal defense attorney for help if you have been charged with a crime. Arranging a plea deal may be very important in your case as it was in this one.
