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Motorcyclist in Fatal DWI Had 2010 Arrest in Florida

11:24 AM, Nov 15, 2012   |    comments
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AMHERST, NY - The man at the center of a double tragedy Sunday in Amherst had several prior alcohol-related incidents.

Two On Your Side obtained the arrest report from Volusia County, Florida. David Smith, 53, was charged with Driving Under The Influence on March 4, 2010. The case, according to court records, was dismissed.

We have also confirmed at least two other prior arrests here in Western New York. In 2000, Smith pleaded guilty to felony DWI in North Tonawanda and in 1997 he was convicted of misdemeanor DWI stemming from an arrest on Grand Island. 

Amherst Police say Smith was driving his motorcycle west on Tonawanda Creek Rd. shortly before 3:30 p.m. on Sunday, when he drove onto the Amherst bike path, striking three people.

Two women, Jocelyn Elberson, 25, of the Town of Tonawanda and Sheila Pelton, 81, of East Amherst, who were both on the bike path, were taken to Millard Fillmore Suburban Hospital where they later died.

Foster Pelton, 79, who was also on the bike path, was taken to ECMC with serious injuries.  

Smith was also taken to ECMC with non-life threatening injuries.

Smith was charged with Driving While Intoxicated and Criminally Negligent Homicide. Assistant District Attorney Kelley Omel assisted Amherst Police in obtaining a court order to draw blood from Smith.

Additional charges may also be filed.

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