Judge Jacob Walker III revoked Updyke’s $50,000 bond and Updyke has since been taken to the Lee County Detention Center.
“In light of what has been presented to the court today, it’s the court’s decision to revoke the bond,” Walker said.
On Monday, Sept. 24, 2012, Officer Matthew Brady in Hammond, La., arrested Updyke in a dispute regarding a refund for a lawnmower at Lowe’s Home Improvement Store.
Kisha Abercrombie, assistant district attorney, cited Updyke violated his bond by being arrested for an alleged assault.
Margaret Brown, Updyke’s attorney, stated that there were no grounds for the arrest because Updyke was not “legally arrested” and the defense says the police video shows Updyke “did nothing at all.”
According to the video, Updyke was banned from the property, but responded that he would indeed come back to return one more item.
Officer Brady then arrested him for making threats.
Court proceedings revealed Updyke claimed that he was already going away for something and “ain’t got nothing to lose.”
As of Tuesday, Nov. 13, 2012, Updyke had a Failure to Appear still pending in Louisiana. The defense said Updyke had no knowledge of the FTA and no lawyer for that case.
Judge Walker said the standard of the court was if the stipulations of the bond had been violated the bond should be revoked.
The prosecution said the arrest was under terms that Lowes employees had reasonable apprehension of receiving a battery.
The defense argued no probable cause to the arrest, because the manager did not even know what was going on and that the arresting officer had to sign the warrant.
They said the writ was improper because it did not have a judge’s signature.
Judge Walker also set a status hearing for Friday, March 15, at 11 a.m. to discuss a potential change of venue.
The defense said that an unbiased jury would be impossible in Auburn, because members of the university community, any Auburn University employee or their spouse or child, is a “victim” in the case.
“Any one who receives a direct benefits should be disqualified,” said Andrew Stanley, also Updyke’s attorney.