@chai2,
ok, I guess I didn't describe this "tree" adequately, or Johns style of landscaping/gardening.
See this picture? It looks better (seriously) than what he planted, after a week or two.
In height, it came up to my knee cap. He planted it when it was still reaching 100 degrees outside. He put it in the ground, and I don't believe he ever looked at it, or watered it. He didn't even plant it with a ditch around it, which didn't matter, because he didn't water it.
Basically, it was a knee cap high stick, sticking out of the ground.
So, basically it was dead by the time the "incident" happened, in the middle of winter. Believe me, he wasn't gonna dig it up and put it somewhere else.