Elmer Smith gets 7+ years, Wendy Scott gets probation in plea deals tied to testimony against convicted killer Jack Upchurch.
TUCSON, Ariz. — Two people involved in the homicide of Good Samaritan Paul Clifford were sentenced in Pima County Superior Court on Thursday, after pleading guilty to lesser charges in exchange for testifying against the convicted killer.
Elmer Smith, 21, was sentenced to a little more than seven years in prison. Wendy Scott, who was 16 at the time of the crime and is now 18, was sentenced to six years of probation. Both had pleaded guilty to lesser charges as part of agreements requiring them to testify against Jack Upchurch, who was found guilty last month of Clifford’s murder.
During the hearings, Clifford’s family rejected both plea agreements and delivered emotional statements.
“I don’t have a protector, I don’t have a Dad I can call anymore when someone is shining a light in through my window, and they took that from us and just supply us with fear everyday,” said Sabrina Vining, Clifford’s youngest daughter.
Christina Clifford, another family member, said, “My safety has been destroyed. They shot Paul, they burned Paul, they robbed me of him. Yet, I have felt like the one being prosecuted and pushed to justify my grief. For all these reasons, I respectfully reject to Elmer Smith’s plea agreement.”
During Smith’s sentencing, prosecutors asked for 12 years, while his attorney requested three and a half years. The judge ultimately imposed a sentence of just over seven years.
For Scott, both the state and her attorney recommended six years of probation, which the judge granted. As part of her sentence, she must complete 500 hours of community restitution and is prohibited from contacting victims connected to the case. She is expected to be released from custody Saturday afternoon.
Both defendants apologized before sentencing. Smith said, “I take full responsibility for my actions. I’m sorry. I’m sorry to my family. I take responsibility for my actions.” Scott said, “I plan to utilize all I’ve learned and impact society in a positive way. I just want to give all my condolences to the family and apologize for, thank you.”
After the sentencing, Clifford’s family directed criticism at Pima County Attorney Laura Conover. “We didn’t get justice, we are the constituents, not the criminals. Laura Conover needs to stop being a defense attorney. In her time left in office she needs to stand up and be the prosecutor that the city and this county deserves. Because now Tucson is a mess. We don’t feel safe here,” Christina said.
In response, Conover issued a statement noting that a first-degree homicide conviction was secured and expressing gratitude to the prosecution team and victim advocates. She said the office remains deeply saddened by the loss suffered by Clifford’s family and community.
“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,” Conover said.
Conover added that under the law, a victim does not choose the legal strategy used on their case. She said a victim gives input, and then the trial prosecutor proceeds with the best chance at a conviction, public safety, and accountability.
The other defendant, Jack Upchurch, is scheduled to be sentenced on September 28.