Upton gets probation after guilty plea

MOBILE – U.S. District Judge Kristi DuBose sentenced radio personality Luther Upton to three years of probation for threatening to injure Evergreen policeman Dexter Rudolph on his morning radio show.

DuBose warned Upton that the consequences would be much worse if he does not comply with the probation terms.

"Mr. Upton, don't let me see you back in here," DuBose said at the federal courthouse Tuesday afternoon. "If you screw up, you are not going home."

Upton was facing up to five years in prison and $250,000 in fines.

In February, Upton entered a guilty plea before the start of testimony in the second day of his bench trial.

Under the provisions of probation, Upton can not possess a firearm, can not consume alcohol, will undergo drug and mental testing, will report periodically to his probation officer, and will not be permitted to drive a vehicle.

"Right now, there's no driving," DuBose said. "Your sobriety has to be for a long period of time and checked by your probation officer. You can petition me for a change. I can't tell you how long you can't drive. You can not drive at all."

"My biggest concern is safety," DuBose said. "I have to see evidence that you are maintaining your sobriety."

Rudolph arrested Upton in November of 2020 for DUI while Upton was behind a wheel of vehicle involved in a wreck. Over the next few months Rudolph had other encounters with Upton which included discharging a firearm at his residence in Evergreen and driving a vehicle involved in a wreck while his license was suspended for DUI.

"I haven't had anything to drink since March," Upton told the court. "I was headed down the wrong path. I let my mouth and temper get the best of me."

"I apologized again to officer Rudolph on the radio," Upton added. "I'm sorry for what I did. I've created a hardship on people. I let the people of Evergreen down and I regret it."

Following his guilty plea in February, Upton resigned from the Evergreen City Council.

Upton said he would attend AA meetings for help and that he had previously attended the meetings for eight years.

DuBose said she had received numerous letters in support of Upton and one letter that said he had a drinking problem.