21-year-old Elmer Smith appeared emotional in court after learning his sentence. He took a plea in connection to the murder of Paul Clifford. A Superior Court judge handed down a seven-year-sentence for burglary and car theft. The state had asked for 12 years.
Smith testified against Jack Upchurch in a murder trial last month. A jury convicted Upchurch of the murder.
Related: ”Good Samaritan Killing” trial begins
A second key witness, Wendy Scott, was also sentenced today, receiving 6 years probation. Scott, aged 16 at the time of the crime, was with Upchurch at the time of the shooting.
Pima County Attorney Laura Conover has released the following statement in response to the Paul Clifford hearings today:
In the matter of the senseless loss of the life of Paul Clifford, who was attempting to act as a Good Samaritan the night of his murder, a first degree murder conviction was secured, and I am grateful to our extraordinary prosecution team and victim advocates.
We also remain deeply saddened for the loss that Mr. Clifford’s family and community have suffered.
Next of kin have made very clear in the media they did not agree with the prosecutors’ strategy at trial. And while we made sure through hours of meetings, letters, and phone calls, including my own time as County Attorney to make sure every single one of their victims’ rights were followed, they remain deeply unhappy with the outcome, as is their right.
Under the law, a victim does not choose the legal strategy used on their case any more than a patient guides the hand of their surgeon on the operating table. A victim gives input, and then their trial prosecutor proceeds with the best chance at a conviction, public safety, and accountability. This is true in our courthouse, and in every courthouse across the country, throughout the history of our Nation. I thank our Homicide Panel for determining our best strategic chance at conviction, I congratulate our prosecutors on their achievement at this very high-risk trial, and I send peace to the family.
