In addition to the remaining 73 days of his sentence in Alabama, Harvey Updyke, who on Friday plead guilty to poisoning the Toomer’s Oaks, could also serve jail time for a simple assault charge stemming from a September 2012 arrest in Hammond, La. (where he reportedly has family) for making what was then termed a “terroristic threat” while trying to return a $110 lawnmower to a Lowe’s home improvement store.
According to the Tangipahoa Parish district attorney’s office, Upydke is scheduled to appear in court Thursday and still has a $500 bench warrant out for his arrest.
“I sent a letter to my contact down there explaining to them his guilty pea and remaining sentence and simply asked them to continue his case,” says Andrew Stanley, Updyke’s attorney. “I haven’t heard anything back from them but I’m sure they’ll take his incarceration into consideration and schedule him to appear probably sometime this summer.”
Stanley isn’t licensed to practice in Louisiana, but suggests that a simple assault charge in Louisiana is akin to a harassment charge in Alabama.
“It could technically result in some jail time, but clients who I’ve represented in harassment cases who were found guilty have never done any jail time.”
He doesn’t think Updyke will, either.
“I seriously doubt a judge would throw a 64-year-old man with health problems in jail over something like that,” Stanley says. “If I defended him on this case down there, I believe without a doubt that I would get a ‘not guilty.’ He did not in any way make a terroristic threat or do anything whatsoever. I’ve watched that video a dozen times, two dozen times—there is no way that anybody would be found guilty of those charges.”
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