The Lee County District Attorney has noticed Harvey Updyke has not been making his restitution payments.
Instead of letting it slide under the rug, Lee County District Attorney Brandon Hughes wants Updyke to tell the court why he’s not making payments himself.
“We filed a show cause motion, which means basically he needs to come to court and tell the court why he’s not paying,” said Hughes.
PHOTO GALLERY: See pictures from Toomer's Corner through the years in a gallery at the end of this story.
Updyke pleaded guilty in 2013 to poisoning the Toomer’s Oaks after Auburn’s Iron Bowl victory in 2010.
The show-cause order states that Updyke must appear for a show cause hearing set for Oct. 30 in Lee County, according to court documents.
The show-cause order was issued July 10 but was not served until Tuesday because prosecutors had a difficult time locating Updyke.
“The judge ordered us to serve it on him, which we have to serve it to him to say, look you need to come to court,” Hughes said. “We just found him on Tuesday and served him.”
Investigators located Updyke in Louisiana, a place he once resided, according to a 2017 report.
Court records indicate Updyke lives in Texas.
If Updyke does not return to Lee County for the hearing Hughes says his office will try to force him to return to the area.
“I will ask that an arrest warrant be issued so we can go pick him up and bring him back,” he said. “If he’s not going to come back on his own, we’re going to seek an arrest warrant so we can go get him.”
Payments
Judge Jacob Walker ordered Updyke to pay $816,694.98 in restitution to Auburn University and court costs.
In the past 12 months, Updyke has made two payments of $99, a significant amount less than what he is ordered to pay, according to records.
“He’s supposed to be paying $200 a month,” said Hughes, who added that he believes Updyke has paid less than $5,000 in restitution
According to court records, Updyke has paid $6,646.50; however, he still needs to pay more than $810,000 in restitution.
Hughes believes Updyke doesn’t want to pay back the money.
“He’s traveled other places to watch Alabama play so he’s spending money,” he said. “He’s just not spending it on his restitution like he’s supposed to.”
History
Updyke confessed to poisoning the Toomer’s Oak by calling into “The Paul Finebaum Show” in 2011.
The Toomer’s Oaks are traditionally rolled with toilet paper by Auburn students and fans after a big win.
Auburn attempted to save the trees but it determined the oaks would not survive. The university decided to replace them in 2015.
The oak on Magnolia Avenue did not survive the transplant and was replaced in July 2015. The new tree was then damaged in 2016 by a fire after Auburn’s win against LSU.
Jochen Wiest pleaded guilty in 2017 to setting fire to toilet paper hanging from the tree.
The 2015 oaks were replaced in February 2017.
Toomer's 1900

This photo, taken in the early 1900s, shows an old oak tree at the corner of College Street and Magnolia Avenue. Toomer's Drugstore is identifiable in the background on the right. View the rest of the photo timeline here!
Toomer's 1910

This photo, taken in 1910, shows both identifiable and long-lost Auburn landmarks. The water tank and Burton's Bookstore have come and gone, but Toomer Drugstore remains a familiar sight.
Toomer's 1938

Auburn students, many of whom are cadets, celebrate at Toomer's Corner in 1938 after the Orange Bowl win over Michigan State. A bandstand was erected on the left for the celebration.
Toomer's 1946

What could be a very young Toomer's Oak stands behind these Auburn villagers in 1946.
Toomer's 1960

Auburn students and villagers gather for a demonstration at Toomer's Corner. The date of this photo is unknown, but it was most likely taken in the 1960s.
Toomer's Corner 1985 AU

Submitted by AU Archives This photo, taken in 1985, was most likely taken after the Auburn win over Georgia Tech, 17-14. By this point, the tradition of rolling the poles had moved to the trees.
Toomer's 2004 - Sugar Bowl

Toomer's Corner the morning after the 2004 Sugar Bowl.
2004 Undeafeted Season Celebration

Crowd gathered at Toomer's Corner for the 2004 undeafeted season celebration.
Toomer's 2011 - National Champs

Toomer's Corner the afternoon after the National Championship Celebration in January of 2011.
Toomer's Corner Auburn vs. Vanderbilt

Fans celebrate at Toomers Corner after a 35-7 win over Vandy in this Oct. 6, 2007 file photo.
Fans celebrate national championship

Tigers fans celebrate AU's national championship win on Monday.
Toomer's Oak after poisoning

Makeshift memorials were seen at the base of the Toomer's Oaks Thursday in Auburn as Auburn University students and area residents paid their respects to the poisoned Toomer's Corner trees.
Toomer's Oak after poisoning

Messages of support are seen attached to the base of one of the 130-plus-year-old Toomer's Oaks Thursday.
Toomer's celebration

Experts say Toomer's Oaks future is in jeopardy.
Toomer's Corner BCS championship

David Gravette of Auburn celebrated at Toomer's Corner after Auburn beat Oregon 22-19 to win the BCS championship in January.
Toomer's Oaks

An Answered Prayer: Keyed by touchdowns late in the first half on a gadget play and a Hail Mary and an overtime field goal, Auburn picked up a 31-28 win over Louisiana-Monroe in its home opener Saturday. Afterwards, fans flocked to Toomer's Corner to roll the beloved but critically ill oaks.
2004 after victory over LSU

Nine-year-old Courtney L. Sickler of LaGrange, Ga., signal's who's No. 1 at Toomer's Corner Sept 19, 2004 after Auburn defeated defending national champion LSU and Nick Saban 10-9 on a last minute fourth-down TD pass from Jason Campbell to Courtney Taylor. Auburn would go 13-0 and win the SEC and Sugar Bowl championships but finish No. 2 to USC in the final polls. Courtney said Auburn was the Peoples Choice national champion and that's all that matters on The Plains! Courtney is the daughter of Scott J. Sickler, Auburn '85 and will be a freshman member this fall of the Auburn class of 2017. She will study veterinary medicine.
Toomer's Corner, the place to be

My husband and I watched the Championship game at a friend’s house in Montgomery. As soon as it was over, we hit the road to Toomer’s corner. It was the right place to be.
It was after midnight and there was a fine mist, not raining, but the drops on the camera made it look like it was snowing. Pretty cool effects.
War Eagle!!
Toomer's Corner, the place to be

My husband and I watched the Championship game at a friend’s house in Montgomery. As soon as it was over, we hit the road to Toomer’s corner. It was the right place to be.
It was after midnight and there was a fine mist, not raining, but the drops on the camera made it look like it was snowing. Pretty cool effects.
War Eagle!!
Toomers SEC Championship 2010

Rolling of the Toomer's Oaks after the 2010 SEC Championship
2010 SEC Championship Celebration

Toomer's Corner after Auburn won the 2010 SEC Championship.
Toomer's Corner

Maryella Tate, 6, throws a roll of toilet paper at Toomer's Oaks on Saturday, April 20, 2013 in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomer's Corner

Haden Hawie, 3, throws toilet paper at his cousin, Christian Hawie and uncle Vic Howie at Toomer's Oaks on Saturday, April 20, 2013 in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomer's Corner

Courtney Dorazio, sophomore, and Rebecca West, freshman, get buried in toilet paper Fans during the Celebrate the Tradition block party Saturday at Toomer's Corner in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomer's Corner

Juliana Lacoste, Auburn sophomore, smiles after getting hit by toilet paper Saturday at Toomer's Corner in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomer's Corner

Fans roll Toomer's Corner during the Celebrate the Tradition block party Saturday at Toomer's Corner in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomer's Corner Celebration

Photos from Toomer's Corner rolling after A-Day Saturday.
Toomer's Corner Celebration

Photos from Toomer's Corner rolling after A-Day Saturday.
Toomer's Corner Celebration

Photos from Toomer's Corner rolling after A-Day Saturday.
Toomers Night and Sunday

Jessica Milner, 17, embraces Ross Diggs after the Celebrate the Tradition block party Saturday at Toomer's Corner in Auburn. (Albert Cesare/Opelika-Auburn News)
Toomers Night and Sunday

Crowds continue to gather around Toomer's Oaks Sunday the day after the Celebrate the Tradition block party at Toomer's Corner in Auburn. (Albert Cesare/Opelika-Auburn News)
AUBURN EQUESTRIAN

The Auburn equestrian celebrates at Toomer's Corner on Sunday night after winning the 2013 NCEA Overall and Hunt Seat national championship.
Removal of oaks at Toomer's Corner

Crowds watched crews work to remove the Toomer's Oaks at Toomer's Corner on Tuesday, April 23, 2013, in Auburn, Ala.
Dufner Roll

Toilet paper hangs from a tree near Toomer's Corner in Auburn, Ala., on Sunday. Approximately 15 people rolled the corner from 6 p.m. to 7 p.m. in honor of Jason Dufner who won the PGA Championship that day. (Albert Cesare/Opelika-Auburn News)
Auburn def. A&M Toomer's Roll

Shannon Bailey, Auburn University junior, throws her hands in the air while sitting atop Jordan Lunstad, sophomore, Saturday, Oct. 19, 2013, at Toomer's Corner in Auburn, Ala. The "rolling of Toomer's Corner" came after Auburn defeated Texas A&M 45-41. Albert Cesare/Opelika-Auburn News
Iron Bowl 2013

Auburn mascot, Aubie, celebrates with fans at Toomer's Corner after Auburn's Chris Davis (11) returned a Alabama fieldgoal attempt to score a touchdown giving Auburn the win, 34-28, in the Iron Bowl on Saturday, Nov. 30, 2013, at Jordan-Hare Stadium in Auburn, Ala.
Auburn fans: SEC Championship 2013

An Auburn fan celebrates at Toomer's Corner after the Tigers won the SEC Championship Game over Missouri. Fans cheered "It's Great to be an Auburn Tiger" and screamed "War Eagle!" for much of the evening.
Auburn fans: Toomer's 2013

Auburn fans roll Toomer's Corner for a second time Saturday night after finding out Michigan State knocked off previously undefeated Ohio State in the Big Ten Championship Game, paving the way for SEC champion Auburn to earn a berth in the BCS National Championship.
AU fans gather at Toomer's Corner in memory of Philip Lutzenkirc

Auburn University fans gathered at Toomer's Corner in Auburn in memory of former Auburn TE Philip Lutzenkirchen who died in a traffic wreck in Troup County, Georgia early Sunday morning, June 29, 2014.
AU fans gather at Toomer's Corner in memory of Philip Lutzenkirc

Auburn University fans gathered at Toomer's Corner in Auburn in memory of former Auburn TE Philip Lutzenkirchen who died in a traffic wreck in Troup County, Georgia early Sunday morning, June 29, 2014.
Zach Lutz Toomer's

Two Auburn fans, both wearing number 43 jerseys, hug before leaving Toomer's Corner. Fans rolled Toomer's Corner Sunday in honor of former Auburn tight end Philip Lutzenkirchen, who died in a car crash early Sunday morning near LaGrange, Ga.
LSU at Auburn

Toomer's Corner LSU at Auburn on Saturday, Oct. 4, 2014 in Auburn, Ala.
Toomers Oaks Planting

Planting the Toomer's Oaks on Saturday, Feb. 14, 2015 in Auburn, Ala.
Toomers Oaks Planting

Planting the Toomer's Oaks on Saturday, Feb. 14, 2015 in Auburn, Ala.
Toomer's Corner Tree Replaced

The Oak Tree on Magnolia Ave was replaced today at Toomer's Corner on Wednesday, July 8, 2015 in Auburn, Ala. The two famous trees were originally replaced in February 2015 but the one on Magnolia Ave didn't survive.
Auburn vs. Kentucky 2016

Fans roll Toomers Corner after Auburn beats Kentucky 75-70. Kentucky at Auburn men's basketball on Saturday, Jan 16, 2016 in Auburn, Ala.
AU Equestrian Rolls Toomers

Auburn Equestrian National Champion Rolling Toomers Celebration on Tuesday, April 26, 2016 in Auburn, Ala Todd Van Emst/tvemst@oanow.com
Toomer's tradition returns

Auburn fans decorate the oak trees at Toomer's Corner with toilet paper on Sept. 10 night in celebration of the Tigers' 51-14 victory over Arkansas State. The generations-old tradition of rolling the trees was suspended in 2013 after the old trees were poisoned; Saturday night's was the first victory since the new trees were deemed healthy and established enough to handle the celebration, and hundreds turned out under a bright moon to bring the tradition back to life.
Auburn vs LSU

"Cornered" on Toomer's Corner after one of the Toomer's Oaks was set on fire Saturday, September 24, 2016.
Burned Toomers Corner Tree

Burned rolls of toilet paper lay at the base of the oak tree on Magnolia Ave after a being lit on fire hours after the LSU Auburn NCAA college football game on Sunday, Sept. 25, 2016 in Auburn, Ala. Todd Van Emst/tvemst@oanow.com
Burned Toomers Corner Tree

Signs lay below the oak tree on Magnolia Ave after it was set on fire in the early morning hours after the LSU Auburn NCAA college football game on Sunday, Sept. 25, 2016 in Auburn, Ala. Jochen Wiest has been arrested for desecration of a venerable object and public intoxication. Todd Van Emst/tvemst@oanow.com
Auburn v. Georgia 2017

Toilet paper drapes the trees near Toomer's Corner in downtown Auburn on Saturday, Nov. 11, 2017, follwing No. 10 Auburn's 40-17 victory over No. 1 Georgia.
No. 10 Auburn defeats No. 1 Georgia

Toilet paper covers the trees down South College Street near Toomer's Corner in Auburn on Sunday.
Iron Bowl 2017

Toilet paper drapes from the trees at Toomer's Corner on Saturday, Nov. 25, 2017. (Emily Enfinger/eenfinger@oanow.com)
Iron Bowl 2017

Auburn cheerleaders pose for a photo at Toomer's Corner on Saturday, Nov. 25, 2017. (Emily Enfinger/eenfinger@oanow.com)
Iron Bowl 2017

Fans descended upon Toomer's Corner on Sunday following Auburn University's 26-14 win against the Crimson Tide.
Iron Bowl 2017

Fans descended upon Toomer's Corner on Sunday following Auburn University's 26-14 win against the Crimson Tide.
Iron Bowl 2017

Fans descended upon Toomer's Corner on Sunday following Auburn University's 26-14 win against the Crimson Tide.
Auburn equestrian 2018

Auburn equestrian celebrates national championship on Tuesday at Toomer’s Corner.
Auburn equestrian 2018

Auburn equestrian celebrates national championship on Tuesday at Toomer’s Corner.
Life of the Party

Life of the Party cast members roll Toomer’s Corner in Auburn on Monday, April 30.
Fans celebrate at Toomer's Corner

Ava Batts, 3, throws a toll of toilet paper on Sunday, March 17, 2019, at the trees on Toomer’s Corner in downtown Auburn.
Fans celebrate at Toomer's Corner

Aubie raises his hands in celebration on Sunday, March 17, 2019, at Toomer’s Corner in downtown Auburn.
Auburn Celebrates SEC Tounament Championship at Toomers Corner

The Auburn mens team is greeted at the Auburn-Opelika Regional Airport by fans before celebrating at Toomers Corner on Sunday, March 17, 2019 in Auburn.
Auburn Celebrates SEC Tounament Championship at Toomers Corner

Auburn mens basketball wins the SEC Tournament and celebrates at Toomers Corner on Sunday, March 17, 2019 in Auburn.
Auburn fans gather to celebrate Auburn’s 97-80 win over North Carolina

Auburn fans celebrate Auburn’s 97-80 win over North Carolina at Toomer’s Corner on March 29, 2019.
Auburn fans gather to celebrate Auburn’s 97-80 win over North Carolina

Auburn fans celebrate Auburn’s 97-80 win over North Carolina at Toomer’s Corner on March 29, 2019.
Toomer's Corner the day after

Despite being surrounded by a fence and a sign that reads, "Please do not roll," a young Toomer's oak is covered in toilet paper on Saturday, March 30, 2019.
Auburn fans celebrate the Tigers' first Final Four appearance

An Auburn football player celebrates the Tigers’ 77-71 win over Kentucky to advance to the program’s first Final Four on March 31, 2019.
Auburn fans celebrate the Tigers' first Final Four appearance

Auburn fans and students celebrate the Tigers’ 77-71 win over Kentucky to advance to the program’s first Final Four on March 31, 2019.
Auburn fans celebrate the Tigers' first Final Four appearance

Auburn University freshman Cody Harris leads a cheer following the Tigers’ 77-71 win over Kentucky to advance to the program’s first Final Four on March 31, 2019.
Auburn Equestrian Championship Celebration

Auburn's equestrian team rolls Toomer's Corner during a celebration of the team's 2019 NCEA National Championship on Tuesday, April 23.
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