“Why are you doing this?”---Witness says those were last words of Good Samaritan before he was killed

Prosecutors are using physical evidence and testimony to argue that Jack Upchurch killed Paul Clifford, who was shot and whose body was burned on a remote road in Redington on Christmas Eve. Clifford had reportedly gone to help a stranger with a disabled truck.

Wendy Scott, who was 16 at the time, testified against Upchurch after pleading guilty to lesser charges. She said Upchurch filled a stolen truck with diesel fuel, causing it to stall, then returned with Clifford after looking for help.

Scott said she heard Upchurch tell Clifford, “Don’t even think about it.” She testified that Clifford responded, “Why are you doing this?” before a single gunshot. She then saw flames coming from the other truck.

Other testimony connected Upchurch to the truck and the crime scene. A fingerprint technician said his fingerprints were found on the fuel tank cap of heavy equipment where diesel was taken. Clifford’s daughter also testified that a tracker in her truck showed deputies its movement toward Tucson.

Scott said she and her boyfriend, Elmer Smith, wiped down the truck, discarded clothing and shoes, and later hid in a trailer. She acknowledged lying to investigators in the past, including denying that she was near the scene, but told jurors that her current testimony is truthful.