Updyke's attorney requests court delay in assault - FOX 8 WVUE New Orleans News, Weather, Sports

Updyke's attorney requests court delay in assault

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Harvey Updyke, Jr. (Lee County Sheriff's Office) Harvey Updyke, Jr. (Lee County Sheriff's Office)

OPELIKA, Ala. (AP) - An attorney for the man accused of poisoning the iconic oaks at Auburn University's Toomer's Corner is trying to delay his client's unrelated hearing for an assault charge in Louisiana.

Lee Harvey Updyke Jr. pleaded guilty last week to damaging an agricultural facility. He's ordered to serve at least six months in jail and spend five years on supervised probation. He was given credit for 104 days already served.

Updyke is facing simple assault charges for allegedly threatening staff at a Lowe's store in Hammond, La. In September after trying to return a lawnmower.

AL.com reports Updyke's attorney, Andrew Stanley, says he sent a letter to the Tangipahoa Parish District Attorney's Office requesting a Thursday hearing be delayed until after his client completes the rest of his six-month sentence.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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