AUBURN, Ala.-- In court documents filed the week of Dec. 13, 2013, Harvey Updyke and his legal staff requested that his $500 a month restitution payments be lowered to $50.



At that rate, it would take Updyke 1,300 years to pay the $800,000 he owes for poisoning Toomer's Corner in 2010. Even at $500 a month, it would still take 123 years to pay the debt.



On Thursday, Lee County DA filed a motion to oppose that request, a day before the deadline to do so.



According to court documents, Updyke has an income of $3,030 and expenses of $2,793. Scrawled in handwriting, the motion says that he and his wife are on 23 medications that contributes to their expenses.



The DA argued that insufficient evidence of hardship was given, including a lack of testimony to his indigence.



The $800,000 Updyke owes is set to go to the costs incurred to remove the poisoned trees, treat the damaged soil and for the labor of the Auburn grounds department.



Another portion of the restitution would go to the design of the new wire structure as well as court costs and legal fees.

