What peach tree?

During the summer once we got our yard done we decided that we would try and leave CHloee outside for a couple of hours at a time until we could figure out if it was something she would get used to and eventually enjoy. Nate left her outside one morning when he left for work and came home for luch that day to let her back in lock her up. Because she had been really good in the back yard for a while now, Nate didn't take the time to look around and make sure because he was in a little bit of a hurry to get to his next bid. Our neighbors called us that night after we had been home for a little while to see if we wanted to get snow cones. Of course we did but
because we didn't want Chloee to be locked up again we decided we would let her stay outside. Much to our suprise, when we opened the door to let her outside Nate noticed a nice empty spot in our yard. Before I even noticed anything was wrong he said "Where's our tree?" Being really confused, I looked toward the direction he was and this is what I saw......






And the Culprit......