TUCSON, Ariz. (KGUN) — In what’s become known as the Good Samatiran murder trial, Prosecutors used closing arguments— their last chance to talk to the jury– to try to convince jurors Jack Upchurch is guilty of killing Paul Clifford.
The attorney for Jack Upchurch used his closing statements to suggest there is enough reasonable doubt to let Jack Upchurch walk free.
Prosecutors say on Christmas Eve almost two years ago Jack Upchurch was driving a stolen truck near the remote community of Redington. 16 year old Wendy Scott and 19 year old Elmer Smith were with him.
Investigators say they saw some ADOT heavy equipment and siphoned out some diesel fuel. As soon as they put it in the truck, the truck stalled and they could not restart it.
Wendy Scott testified Upchurch smoked some meth and set out looking for some way to get out of their predicament.
Prosecutors say he found Paul Clifford’s house. Clifford borrowed his daughter’s truck and went with Upchurch back to the disabled truck.
Prosecutor John Strader says, “He preyed upon Paul’s kindness and holiday spirit and started to spin his lies. I need help. My truck won’t start, I need a jump.”
Strader says Upchurch knew a jumpstart would not fix the truck disabled by the stolen fuel. Strader says Upchurch told Clifford he was taking his truck, shot him, set the disabled truck on fire and set Clifford's body on fire.
He says all three went back to Tucson for six days of smoking meth and hiding evidence until Sheriff’s deputies found them.
Wendy Scott and Elmer Smith were facing the same murder charge Upchurch is facing until they agreed to testify against him. They pleaded guilty to lesser charges that will bring far less punishment.
Defense attorney Michael Harwin worked to raise doubt about whether jurors can believe two people who traded testimony to avoid murder charges.
“They got slapped on the wrist. They come here and testify. And I told you they are inveterate liars and drug addicts. They are meth heads.”
But prosecutors say the plea deal depends on the two telling the truth and there is other evidence that backs up what they said.
