Specimen is in poor condition. Landmark examples with more typical lush dark foliage seen from highways and in public gardens in southern California and Hawaii. Sometimes sent up here and attempted outdoors, where it does not take very long to fail - not tolerant of very much frost, even a large old planting in California was nipped one year and although surviving showed visible damage later.

I've updated my pics in photobucket to put in some of the things identified. I've also had a response from the Forestry department. All I had to do was call the closest Headquarters (I happen to have one in Herkimer (10 miles from the property). The lady there said as soon as I knew when we'd be there, call and set up an appointment and she'd walk through the woods with us and write up a report as to forest management and other ideas that may be state funded. COOOLLLLL! And it's free. I also called the local Cornell Cooperative Extension for tree id and seedling purchase. They told me to call the Soil & Water Conservation department (also local one in Herkimer). I've yet to find out how it works but I'll pass along the information to all of you once I know. Thanks again for checking out my pics and helping out!

I agree with Rina that conditions can alter the appearance of the plant. This picture shows when I first purchased the E. agavoides and a year later after being in full sun. They're in the same pots. And size, too! The plants in the ground get shaded by a palm tree in the afternoon. The plant in the pot get full sun all day. All plants are the same age. And that's a bigger pot than above.

The berries in the photo in question - the one the OP inquired about - are in my eyes much more orange than red. But then color perception is very much in the eye of the beholder :-) I would consider the berries to be red-orange in general....the color most often referred to in the literature about this plant.