TUCSON, Ariz. (13 News) – Jack Upchurch will spend the rest of his life in prison for the 2024 murder of Paul Clifford.
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He was one of three people charged with the Christmas Eve 2024 murder.
On Monday, Sept. 28, the judge handed Upchurch the following sentences for each charge:
- First-degree murder – Natural life with credit for 636 days served
- Armed robbery – 10 1/2years with credit for 636 days served
- Aggravated robbery – 3 1/2 years with credit for 636 days served
- Kidnapping – 10 1/2 years with credit for 636 days served
- Vehicle theft – 3 1/2 years with credit for 636 days served
- Third-degree burglary – 2 1/2 years with credit for 636 days served
- Arson of an occupied structure – 10 1/2 years with credit for 636 days served
- Evidence tampering – 1 year with no time credit
- Theft – 3 1/2 years with no time credit
- Burglary – 2 1/2 years with no time credit
- Tampering – 1 year with no time credit
Each of the sentences will be served consecutively to the murder sentence.
Investigators said Upchurch kidnapped and killed Clifford after Clifford agreed to help him with supposed car trouble. Clifford’s body was found shot and burned next to a smoldering vehicle in the Redington Pass area on Dec. 24.
Upchurch and two other suspects, Elmer Smith and Wendy Scott, were arrested days later. Smith and Scott took plea deals on lesser charges in exchange for testifying against Upchurch.
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.
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 was set to be released from prison on Saturday, Aug.8.
Clifford’s family absent from sentencing
Paul Clifford’s wife and daughter were not in the courtroom for Upchurch’s sentencing. A representative for the family said it was too painful for them to attend.
Attorney Thomas Bailey spoke on the family’s behalf during the hearing.
“They wake up in the middle of the night screaming. They use drugs just to get through the day. They stop functioning, they don’t care, and whatever sentence we give out, their life is over,” Bailey said.
Bailey told the judge no sentence would bring back Clifford or bring his family peace.
“The sentence that Joel, Rhoda, Christina, Sabrina, Samantha…the sentence that they want is probably the sentence that Mr. Upchurch wants is to bring Paul back to life,” Bailey said.
Bailey said accountability was the next best outcome.
“We can’t just keep giving slaps on the wrist for cases, for situations we know are going to be problematic going forward,” Bailey said.
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Prior criminal history cited
Upchurch had a criminal history in Pima County before the murder. Bailey said if those prior cases had been taken seriously, Clifford would be alive today.
“It’s not that prosecutors enjoy putting people in prison for life, it’s not that we think this is a great thing and we’re laughing at you, it’s that we’re trying to find some mechanism so the family tomorrow who has a loved one that’s murdered doesn’t have to go through that,” Bailey said.
Bailey said that without accountability, Smith and Scott could end up like Upchurch in the future.
“We have to find a way to behave, we have to find a way to take these things seriously, and we have to find a way to make people understand that there are consequences for your actions,” Bailey said.
County attorney’s office issues statement
The Pima County Attorney’s Office issued a statement in response to Upchurch’s sentencing.
“From the beginning, we knew that this case would be difficult to prosecute and heavily reliant on critical eyewitness testimony.
And what we knew more than anything was that the shooter had proven himself to be a tremendous ongoing threat of harm. It was not surprising that the homicide panel decided we should pursue life in prison without the possibility of parole. We are very selective and careful before sending someone to prison to die there, but this case qualified under our rigorous criteria.
I am deeply grateful to our Prosecution team, Victim Services Advocates, and law enforcement partners for their extraordinary work and dedication throughout this difficult and high-risk case.
Most importantly, our hearts remain with the Clifford family and those who loved him. I send my deepest condolences and peace to them.”
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