Toomer's Corner Poisoned

#601
#601
VolDad said:
It is my understanding that it would have been had he gone to Home Depot and purchased Roundup. But the fact he used a federally controlled substance will bite him in the ass.
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If the chemical used is of any interest to the feds, it would have them looking at who sold/gave Updyke the stuff. Updyke used the chemical on plants, which is a 100% legal use. However, distribution of the chemical is tightly controlled.

Updyke's case will remain a local case in the criminal court of Lee County.
 
#602
#602
Just how many trees were attacked in Auburn?

Just curious as to the number as it seems to me that if indeed the trees do die something good could come out of it no matter how small.

The idea is this that if donations were made by the fans of other SEC schools tree's could be purchased and planted to replace the killed trees as a show of support and brotherhood with another SEC fan base.

Just a thought. :hi:
 
#603
#603
bamawriter said:
If the chemical used is of any interest to the feds, it would have them looking at who sold/gave Updyke the stuff. Updyke used the chemical on plants, which is a 100% legal use. However, distribution of the chemical is tightly controlled.

Updyke's case will remain a local case in the criminal court of Lee County.
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So reports that he could face federal charges are wrong?
 
#610
#610
VolDad said:
Time will tell.
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I actually was mistaken. Spike 80df is not a license-required product in the state of Alabama. It's not carried at Lowe's or Home Depot, but you could walk into a Farmer's Co-Op and buy it, no questions asked. It is pricey.

However, by purchasing the product, you enter into a contract spelled out on the label. If you use the product in a way that is prohibited by the label, then you could face charges. I have not read the label, but I don't see how it could possibly say "Don't use this to kill plants." He had no right to kill in the plants in question, but the fact that he used this particular herbicide to do so does not change the severity of his crime.
 
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#613
#613
It was the two big oaks on the corner. But the chemical could spread through the soil and contaminate that entire area.
 
#614
#614
bamawriter said:
I actually was mistaken. Spike 80df is not a license-required product in the state of Alabama. It's not carried at Lowe's or Home Depot, but you could walk into a Farmer's Co-Op and buy it, no questions asked. It is pricey.

However, by purchasing the product, you enter into a contract spelled out on the label. If you use the product in a way that is prohibited by the label, then you could face charges. I have not read the label, but I don't see how it could possibly say "Don't use this to kill plants." He had no right to kill in the plants in question, but the fact that he used this particular herbicide to do so does not change the severity of his crime.
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This may be a rumor, but I heard he remortgaged his trailer for the 13th time and sold a kidney to buy this stuff.
 
#615
#615
bamawriter said:
I actually was mistaken. Spike 80df is not a license-required product in the state of Alabama. It's not carried at Lowe's or Home Depot, but you could walk into a Farmer's Co-Op and buy it, no questions asked. It is pricey.

However, by purchasing the product, you enter into a contract spelled out on the label. If you use the product in a way that is prohibited by the label, then you could face charges. I have not read the label, but I don't see how it could possibly say "Don't use this to kill plants." He had no right to kill in the plants in question, but the fact that he used this particular herbicide to do so does not change the severity of his crime.
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pretty sure 'ol Harvey used as the product as it was intended.
Spike 80df, is a herbicide used to kill tress, and that's exactly what he used it for

Problem is the tree's weren't his to kill
 
#617
#617
vol_in_il said:
pretty sure 'ol Harvey used as the product as it was intended.
Spike 80df, is a herbicide used to kill tress, and that's exactly what he used it for

Problem is the tree's weren't his to kill
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Which is the very definition of criminal mischief. And it's why I don't see a federal crime here. But I'm not an attorney.
 
#619
#619
vol_in_il said:
pretty sure 'ol Harvey used as the product as it was intended.
Spike 80df, is a herbicide used to kill tress, and that's exactly what he used it for

Problem is the tree's weren't his to kill
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He did use the chemical as it was intended, to kill trees, however a chemical label will always have a "labeled use rate" that you are required by law to obey. If the label says use at 1 gallon per acre, for example, and you use it at 2 gallons you are violating the label which is against the law. He went at 65 times the label rate from what I have heard and that should certainly draw the attention of the EPA and other federal agents.

He most likely will face more charges than just the criminal mischief. IMO.
 
#620
#620
Sharriscgcs said:
He did use the chemical as it was intended, to kill trees, however a chemical label will always have a "labeled use rate" that you are required by law to obey. If the label says use at 1 gallon per acre, for example, and you use it at 2 gallons you are violating the label which is against the law. He went at 65 times the label rate from what I have heard and that should certainly draw the attention of the EPA and other federal agents.

He most likely will face more charges than just the criminal mischief. IMO.
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Fines. Not Charges.
 
#621
#621
Sharriscgcs said:
He did use the chemical as it was intended, to kill trees, however a chemical label will always have a "labeled use rate" that you are required by law to obey. If the label says use at 1 gallon per acre, for example, and you use it at 2 gallons you are violating the label which is against the law. He went at 65 times the label rate from what I have heard and that should certainly draw the attention of the EPA and other federal agents.

He most likely will face more charges than just the criminal mischief. IMO.
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if that is true, more than just those trees are in danger of being killed. That poison will percolate through the soil and into surrounding areas, possibly down to the water table-- look out then. Could create a large kill zone there, and possibly harmful effects to other wild life. Hope no one uses a well near there.
 
#623
#623
IPorange said:
if that is true, more than just those trees are in danger of being killed. That poison will percolate through the soil and into surrounding areas, possibly down to the water table-- look out then. Could create a large kill zone there, and possibly harmful effects to other wild life. Hope no one uses a well near there.
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Most herbicides are not extremely mobile in the soil, especially the nice clay we have in the southeast US. Had he done this in FL to some Gator symbol, then there would be a possiblity of the chemical moving due to the sandy soil.

Regardless, the guy is a hillbilly that has brought bad press to the SEC and none of us should be thrilled with that.
 
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