Harvey Updyke's attorney says his client was struck in the head at a gas station in Opelika a short time after leaving a courthouse where he waived his right to a preliminary hearing over the poisoning of the iconic oak trees at Toomer's Corner in Auburn.

Attorney Glennon Threatt told of the incident on the Paul Finebaum radio show.

An employee at the Tiger Express gas station in Opelika said Updyke said he was "jumped behind the store," but the employee didn't know any other details. The employee, who requested not to be identified, said she did not see any police cars or ambulances at the gas station.

Opelika police Capt. Allan Elkins said Updyke suffered a scratch to the forehead during the alleged assault at the Tiger Express, according to the Opelika-Auburn News.

Elkins said Updyke "has not really been too cooperative at this point."

Elkins told the newspaper that Updyke could not identify or describe assailants, and gas station did not have surveillance in parking lot.

Threatt said the incident happened like this:

"Somewhere right outside of Opelika Harvey stopped at a gas station to get a drink and some gas, and when he got out of his car, it went black," Threatt said. "He woke up on the ground. He had been hit in the head with something. He wandered into the gas station in pain, and they directed him to a local emergency room."

Updyke received treatment at the emergency room. He has since talked to the police.

Threatt said Updyke had received facial bruises and a split in his brow

"He's been released from the emergency room, and I'm not a doctor, but when they release you they think it's OK," Threatt said. "It doesn't sound like he required stitches. It doesn't sound like he's got permanent injuries, other than he may have a slight concussion."

The court said Updyke could leave Alabama and to be with his family in Louisiana while awaiting trial.

Auburn Bureau writer Evan Woodbery contributed to this story