In court documents filed this week Harvey Updyke requested his monthly payment to be reduced from $500 to $50.
Updyke's attorney argued paying $500 a month would cause him substantial hardship. Court documents list his monthly gross income as just over three thousand and his month expenses around 27-hundred.
In his ruling last month the judge wrote that updyke could afford the $500 a month. If it is reduced to $50 a month, it would take updyke more than 13- hundred years to payoff the nearly $800 thousand he was ordered to pay auburn for poisoning the Toomer's oaks.
Updyke plead guilty to poisoning the trees and served three months in jail.
The judge has given state prosecutors until January 10th to respond to the motion.
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