By admin 
TUCSON, Ariz. (13 News) – The trial of the man accused of killing a good Samaritan in Pima County years ago continued with witness testimony on Wednesday, July 15.
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Jack Daryl Upchurch, 42, is facing charges of first-degree murder, armed robbery, aggravated robbery, kidnapping, vehicle theft, third-degree burglary, and evidence tampering.
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The Pima County Sheriff’s Department said Upchurch is one of three people involved in the death of 53-year-old Paul Clifford on Dec. 24, 2024.
The trial began Tuesday when a 12-person jury was selected for the eight-day trial, and opening statements were delivered. Brad Terrace is the lead prosecutor for the case, while Michael Harwin is defending Upchurch.
On Wednesday, witness testimony from the prosecution and included Pima County Sheriff’s deputies and detectives involved in the case. Clifford’s daughter, Sabrina Vining, also testified, walking the jury through her account of the night her stepfather was killed.
Vining said Clifford left their home around 11:30 p.m. on Dec. 23 after a man came to their door saying his car had broken down. Clifford took Vining’s truck to give the stranger a jumpstart. When he had not returned after more than 30 minutes, Vining said location services showed her vehicle moving away from their home, prompting her to call 911 around 1 a.m.
Deputies describe the scene
Following Vining’s testimony, the jury heard from several Pima County Sheriff’s deputies who outlined the timeline of Clifford’s disappearance and the discovery of the burning vehicle. One deputy said he observed a deceased male in the passenger seat of the vehicle matching Clifford’s description.
The deputy said the body was badly burned and had blood around the head. Bullet casings were also found on the ground near the vehicle.
The other suspects, Elmer Smith and Wendy Scott, previously faced first-degree murder charges but accepted plea deals in exchange for testifying against Upchurch. The prosecution said it plans to call Smith and Scott to the stand as the trial progresses, though no date has been confirmed.
The defense has not presented its case yet, but laid out its argument during opening statements, claiming that Smith and Scott gave an inaccurate account of that night in exchange for reduced sentences.
Other defendants
The other suspects, Elmer Glenn Smith and Wendy Hailey Scott, have reached plea deals in the case.
Christina Clifford, Paul Clifford’s widow, told 13 News that she was told by prosecutors that Smith could face a year in prison while Scott could get probation. The plea deal likely will not be completed until after Upchurch’s trial.
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As of July 14, Upchurch was being held on a $1 million bond while the 21-year-old Smith was being held without bond. Smith, who was 16 years old when she was arrested, was not in custody, according to the Pima County inmate roster.
Case background
The PCSD said Upchurch knocked on the door of Clifford‘s home on Christmas Eve in 2024 and claimed to have car trouble.
Clifford‘s family said it wasn’t unusual for him to help people out, especially since their home was far out in rural Pima County.
When Clifford didn’t return home, his family contacted law enforcement.
The PCSD said his body was later found near a smoldering vehicle in the area of Redington Pass and San Pedro River — a rugged area miles from homes.
“Those strangers chose to repay his kindness by brutally murdering him and leaving his body burning on the side of the road next to a burning vehicle,” Christina Clifford told 13 News months after his murder. “I would have never thought I would have been saying goodbye to him before he even turned 54.”
His stolen vehicle was found at an apartment complex in an area between Prince Road and Roger Road.
Scott, Smith, and Upchurch were arrested on Dec. 30 following a standoff near Benson Highway and Country Club.
According to court records, Upchurch has an extensive criminal history in Pima County.
- In 2012, he was found guilty of attempted vehicle theft and drug possession and sentenced to 2 1/2 years in prison. Charges of burglary and theft were dismissed.
- In 2016, he was found guilty of aggravated assault with a deadly weapon and sentenced to three years in prison. An armed robbery charge was dismissed.
- In 2020, he was found guilty of misconduct involving weapons. He was sentenced to 2 1/2 years in prison.
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