Upton is indicted by a federal grand jury
Accused of making threatening communications on WPPG radio
December 2, 2021
According to records filed Monday in the U.S. District Court of Mobile, Evergreen radio personality and decorated combat veteran Luther Upton has been indicted on charges of interstate threatening communications.
According to the indictment, Upton, a 74-year-old native of Uriah who also serves on the Evergreen City Council, “knowingly and willfully transmitted in interstate and foreign commerce a communication containing a threat to injure the person or another. During a live public radio broadcast in Evergreen, Alabama, the defendant made threatening statements to injure the person of D.R., an individual whose full name is known to the grand jury.”
Sources say that the “D.R.” identified in the indictment is Dexter Rudolph, a police officer in Evergreen. The indictment also makes reference to Evergreen Police Chief James “Simp” Simpson and Evergreen Mayor Stanley Stallworth.
Upton allegedly said, “I dare (Rudolph) to stop me again, 'cuz when he pulls me over, I'm going to put him down. I'm just telling ya now, I'm tired of it. I'm urging Simp and Mayor Stallworth to do whatever you've got to do to get rid of the son of a b****, okay? Because if you don't, I am. And Simp, if you and Stanley, don't take care of that problem, I'm going to take care of it.”
These statements were allegedly made in Evergreen on May 18 during WPPG 101.1 FM's morning radio show. The indictment indicates that Upton's alleged statements are a violation of federal law and constitute interstate threatening communications. If convicted, Upton could face up to five years in federal prison and fines of up to $250,000.
Upton told the Monroe Journal last Wednesday morning that he was scheduled to appear at a hearing in federal court in Mobile yesterday (Wednesday, Dec. 1) at 2 p.m.
Upton said that he made the remarks on May 18 after he “got into it with one of Evergreen's finest, a police officer.” He then got on the radio and “got into a rant in order to get (the officer) off my case,” he said. “I didn't threaten to kill him. I did say I was going to take him down. I meant job-wise.
“I apologized to him on the radio, and at Evergreen's Veterans Day ceremony, I offered my apology in person, but he wouldn't shake hands.”
Upton, a graduate of J.U. Blacksher High School at Uriah, is a 100-percent disabled veteran with post-traumatic stress disorder from his service as a U.S. Marine in Vietnam. In Vietnam, he was assigned to putting in mine fields, finding “booby traps” and digging them up. Upton was wounded in combat and spent Christmas 1967 and New Year's in recovery.
Upton made 10 combat operations and received a Purple Heart for wounds received in action. Upton also received two Presidential Unit Citations, a Combat Action Ribbon, the Vietnamese Cross for Gallantry and numerous other awards.
Upton noted that even though he has been indicted, he has not been arrested or convicted on the charges against him.