TUCSON, Ariz. (KGUN) — There was a recent guilty verdict in that Good Samaritan Murder case. Two other codefendants testified for the prosecution on the way to that verdict. Now we know what their punishment will be and the family of that victim is not happy about the sentences.
“They murdered my safety. They took my safety from me and no amount of justice could make up for that so I expected at least the maximum they could give me and they wouldn’t even give me that.”
Christina Clifford says she has a life sentence of grief over the murder of her husband Paul Clifford.
It was Christmas Eve two years ago when Jack Upchurch, Wendy Scott, then aged 16 and Elmer Smith who was 19 were in a stolen truck near the remote community of Redington. When the truck broke down, Upchurch walked to Paul Clifford’s house, convinced him to come help, then shot him, burned his body and took the truck Clifford arrived in.
Upchurch will be sentenced late next month.
Elmer Smith and Wendy Scott testified against Upchurch in return for the chance to plead guilty to lesser charges with lesser punishment.
Before sentencing Elmer Smith said he was sorry for his actions.
“I’m sorry for their loss. I’m sorry for everyone who was affected.”
Prosecutors asked Judge Richard Gordon to sentence Smith to a total of 12 years in prison for burglary and car theft. He sentenced Smith to 7 and a quarter years with credit for two years Smith spent waiting for trial.
Wendy Scott said she was sorry for the hurt caused by her lack of judgement.
“I can offer my commitment to choose the right in any circumstance. I promise to utilize all I have learned and influence society in a positive way.”
Judge Gorden sentenced Wendy Scott to six years of probation for car theft and evidence tampering.
Paul Clifford’s family is angry prosecutors offered plea deals to anyone. They feel all of them are equally guilty and feel the County Attorney’s office ignored their concerns.
They contend prosecutors could have convinced the jury to convict Jack Upchurch without the testimony of Smith and Scott, who they describe as liars and active participants in the murder.
Clifford’s daughter Sabrina Vining says something else has been lost too. She thinks people will be afraid to follow Paul Clifford’s giving spirit of being willing to help a stranger in trouble.
“I don’t want to help a stranger. I just want to be able to say no. People are awful but we can’t stoop to their level. And kindness still matters and helping our fellow strangers still matters.”
She hopes that helping spirit remains…but with caution.
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After sentencing Pima County Attorney Laura Conover released the following statement:
"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. "
Laura Conover
Pima County Attorney
