A key witness in the Good Samaritan trial is going to prison under his plea agreement

For Tucson residents following the murder of Paul Clifford, the latest court hearings brought prison time for one of the central witnesses and probation for another person who was present during the shooting. Elmer Smith, 21, was sentenced to seven years in prison after pleading guilty in connection with Clifford’s death. His convictions were for burglary and car theft. The sentence was imposed by a Superior Court judge after the state had sought 12 years.

Smith’s court appearance was emotional, according to the report. His plea agreement resolved the charges against him while also placing him in a position to testify against Jack Upchurch, who faced trial for Clifford’s murder. Smith testified during Upchurch’s murder trial last month, and a jury convicted Upchurch. The testimony made Smith a key part of the prosecution’s case, while his own criminal conduct remained subject to sentencing in a separate proceeding.

The hearings also included the sentencing of Wendy Scott, another important witness in the case. Scott received six years of probation. She was 16 at the time of the shooting and was with Upchurch when Clifford was killed. Unlike Smith, who received a prison sentence under his plea agreement, Scott will serve probation as the result of her case. The two sentences show the different outcomes reached for people connected to the same episode.

Clifford’s death has been described by prosecutors as the killing of a person who was trying to help. The case has therefore been known as the Good Samaritan killing. The available account does not provide additional details about what Clifford was attempting to do that night, but it identifies his actions as an effort to act as a Good Samaritan before he was killed. His death has continued to affect his family and the wider community, even after the jury returned a murder conviction and the witnesses received their sentences.

The case has also produced disagreement between Clifford’s relatives and the Pima County Attorney’s Office over how the prosecution handled the trial. County Attorney Laura Conover said the next of kin had made clear through media statements that they did not support the prosecutors’ strategy. Her statement acknowledged that the family remained deeply unhappy with the outcome, while also saying the office had worked to protect the family’s rights through meetings, letters and phone calls. Conover said she personally participated in those efforts.

Conover defended the government’s authority to decide how a criminal case is presented in court. She compared the relationship between victims and prosecutors to that of a patient and a surgeon, saying that victims provide input but do not direct the legal strategy. In her statement, she said prosecutors must choose the approach they believe offers the best chance of securing a conviction, protecting public safety and holding someone accountable. She characterized that division of responsibility as a standard feature of criminal courts.

The county attorney also praised the homicide prosecutors and victim advocates who worked on Clifford’s case. She described the murder conviction as a first degree murder conviction and called the trial a high risk proceeding. Conover credited the office’s Homicide Panel with determining the strategy it believed had the strongest chance of success. She expressed sympathy for Clifford’s family while celebrating the conviction of Upchurch.

For people in Tucson and Pima County, the case underscores that a criminal prosecution can produce several separate court outcomes. The person convicted by the jury in the murder trial is not the same person who received the seven year sentence in the latest hearing. Smith’s sentence addressed burglary and car theft under his plea agreement, while his testimony was used in the case against Upchurch. Scott’s six year probation sentence addressed her own involvement and her presence at the time of the shooting. Each proceeding had a different purpose, even though all were tied to Clifford’s death.

The latest hearings mark a significant stage in the case, but they do not erase the conflict surrounding it. Upchurch has been convicted of Clifford’s murder, Smith is headed to prison under his agreement, and Scott will serve probation. At the same time, Clifford’s relatives continue to object to the prosecution’s approach, a position Conover said they have the right to hold. The county attorney ended her statement by expressing gratitude to the prosecution team, mourning Clifford’s loss and offering peace to his family.