TUCSON, Ariz. (13 News) – Two of the three suspects in the Christmas Eve murder of a good Samaritan in Pima County were sentenced on Friday, Aug. 7.
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Wendy Hailey Scott and Elmer Glenn Smith were in court after reaching plea deals and testifying against the third defendant, Jack Upchurch.
Upchurch, Scott, and Smith were all arrested days after Paul Clifford was found shot to death next to a smoldering vehicle in the Redington Pass area on Dec. 24, 2024.
Smith was sentenced to 7 1/4 years in prison on charges of vehicle theft and third-degree burglary. The state had asked for 12 years, and Clifford’s daughter and wife stormed out of the courtroom after the judge announced the decision. Smith was given credit for more than 580 days of time served.
Clifford’s family has been highly critical of Pima County Attorney Laura Conover since details about a plea deal for Scott and Smith were released.
“Next of kin have made very clear in the media they did not agree with the prosecutors’ strategy at trial,” Conover said in a release Friday. “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. 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.”
Scott, who was 16 and in a relationship with Smith at the time of the murder, pleaded guilty to vehicle theft and evidence tampering. She was given probation for six years, which is what the state asked for. She will be released from prison on Saturday, Aug.8.
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Investigators said Upchurch kidnapped and killed Clifford after Clifford agreed to help him with car trouble.
According to court documents, Upchurch and Smith picked up Scott in a stolen truck to go to a dispensary on Dec. 24, 2024. The trio ended up in the San Manuel/Manmmoith area, and Scott said they had smoked meth all day.
Upchurch realized they were low on gas, so they went to a utility yard and siphoned gas into a five-gallon water jug. Water got mixed in with the gas, and their truck died minutes later.
Scott and Smith stayed in the vehicle while Upchurch walked to Clifford’s home to ask him to jump-start the vehicle, despite knowing that the battery was not the problem.
Clifford grabbed his daughter’s truck and some jumper cables to help. When Clifford attached the cables and went to start the truck, Upchurch allegedly pulled a gun and told Clifford, “Don’t even think about it.”
Clifford then asked Upchurch, “Why are you doing this?” Scott and Smith said Upchurch then shot Clifford once in the face before smiling.
Upchurch allegedly then pointed the gun at Scott and Smith. He ordered Smith to get Upchurch’s bag from the disabled truck and put it in the truck that Clifford had driven to the scene.
Scott said Upchurch then moved Clifford’s body near the disabled truck and used the remaining stolen gas to set both on fire.
Upchurch drove Clifford’s truck to Tucson, and he and Smith wiped it down. Scott claimed she didn’t help because she wanted them to get caught.
The Pima County Sheriff’s Department said at the time that the truck belonging to Clifford’s daughter was found at an apartment complex in an area between Prince Road and Roger Road. 13 News told the PCSD that Prince and Roger do not intersect, but the PCSD declined to provide more details at the time.
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Scott said the trio went to a trailer near that apartment complex where they waited for Upchurch’s girlfriend to pick them up. The girlfriend then took the three suspects to another trailer.
Scott told investigators they were in the trailer for nearly a week, and that Upchurch would not let them leave and warned them about snitching.
The PCSD tracked the suspects down on Dec. 30, which led to a SWAT standoff.
During the standoff, Upchurch allegedly took the murder weapon apart and made Scott hide at least one piece of it under a mattress. The three suspects turned themselves in without incident.
On July 24, 2026, a jury found Upchurch guilty of first-degree murder, armed robbery, aggravated robbery, kidnapping, vehicle theft, burglary, arson, and evidence tampering. He will likely get natural life in prison when he is sentenced on Sept. 28.
Scott and Smith were originally facing the same charges as Upchurch, but pleaded guilty in exchange for their testimony.
Clifford’s family has spoken out several times about the plea deals, worried that the two would walk without any serious punishment.
The family has even asked Pima County Attorney Laura Conover to recuse herself from the case and started a petition to have her removed from office.
Sabrina Vining, Clifford’s daughter, told 13 News previously that she was warned early about Conover, who had said she would never pursue the death penalty in any case.
“I was given the advice that my dad would probably not receive justice because of who is currently serving for county attorney and her own political agenda,” Vining said.
Conover, who has been the county attorney since 2020, has faced criticism over a perceived soft-on-crime stance.
Conover made national news last year when a previously deported felon allegedly killed a Tucson man during a hours-long crime spree. She and her office were also often the focus of a years-long series by 13 News’ Valerie Cavazos called Free To Kill.
Conover also came under fire in 2024, when the suspect in Zahriya Moreno’s death was given a very low cash bond.
In 2021, a family called for Conover’s resignation over the handling of a road rage shooting incident.
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