TUCSON, Ariz. (KGUN) — Two of the three people charged in the murder of a Good Samaritan have pleaded guilty in the case—-but not to murder charges.
He was a Good Samaritan who stepped out of his house on Christmas Eve to help three people who said they had car trouble. Paul Clifford was found dead soon after. Now two of the people charged in the case have pleaded guilty over the objections of Paul Clifford’s family.
40 year old Jack Upchurch, 20 year old Elmer Smith and 17 year old Wendy Scott faced murder, car theft and other charges in the death of Paul Clifford.
But prosecutors allowed the two younger defendants to escape trial on the murder charges if they testify against Upchurch.
Wendy Scott pleaded guilty to evidence tampering for trying to hide a gun, and car theft for riding in a stolen vehicle–one of two trucks stolen that night.
Elmer Smith pleaded guilty to car theft and burglary.
Paul Clifford’s wife Christina and daughter Sabrina Vining say they want all three defendants to face trial.
Christina Clifford says, “You cannot choose the greater of three evils. That is not justice. Justice says three evils need to be held accountable for what they have done.”
Paul Clifford’s family did a series of news interviews and social media posts criticising County Attorney Laura Conover and saying they think the plea deals will be far too lenient.
Sara Wright, Wendy Scott’s attorney told Judge Richard Gordon the family’s comments could prejudice any potential jury for Upchurch or if the plea deal collapses and all three go to trial. She asked Judge Gordon to impose a gag order but the judge refused.
Elmer Smith could get up to 12 years in prison. Wendy Scott could get up to four years behind bars. The judge in the case will not sentence them until after Upchurch is tried and their cooperation is complete. They’ll stay in jail in the meantime.