The investigation into the alleged assault on Harvey Updyke is at a dead end.
“There is no Updyke, I mean update, in the Updyke case,” said Opelika Police Captain Allan Elkins. “Whew, that’s a tongue-twister.”
Updyke, who in February claimed to have poisoned the oak trees at Toomer’s Corner, claims he was struck in the head at an Opelika gas station a short time after leaving the Lee County Courthouse on April 20.
“Currently there have been no witnesses to come forward, no eveidence collected,” Elkins said. “The investigators have nothing to go on at all.”
Elkins said the case will soon be closed.
“The investigator has no leads at this time, and he or she will be closing their case in the very near future unless something were to develop,” he said. “Mr. Updyke has provided no other details that have been helpful in the investigation.”
When asked if the department was also looking into the possibility that Updyke filed a false report, Elkins chuckled.
“I don’t know how to say this without sounding nasty… but so far the whole thing is hypothetical,” he said. “There are no witnesses. No video. Absolutely nothing for us to pursue. We can’t prove that it didn’t take place. We can’t prove that it did take place. The investigation has no substance at all, in any direction.”
Filing a false police report is an arrestable offense.
“The only thing we have in this case is a victim who has made an allegation that we’re unable to support.”
Updyke was recently indicted by a grand jury on four felony charges and two misdemeanors. He arraignment is scheduled for May 26.
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