David Smith, 53, in court
AMHERST, NY - The Niagara Falls man accused of driving drunk on his motorcycle when he fatally struck two women will now face a grand jury, as well as more charges.
In addition to the DWI and criminally negligent homicide charges, David Smith, 53, has also been charged with unreasonable and imprudent speed, unsafe lane change and unapproved helmet.
Smith appeared in Amherst Town Court with noticeable bruising under his eyes. His defense attorney, Joel Daniels, says that is from accident injuries which will require facial surgery.
He was arraigned in the hospital on Monday.
Thursday's preliminary hearing was waived, so now the case will go to an Erie county grand jury.
Prosecutor Kelly Omel noted Smith's previous DWI record, which would not be admissible in court because the last conviction was in 2000, but it might be a factor in sentencing.
Daniels later spoke with reporters and expressed sympathy for the families of the victims -- Jocelyn Elberson, 25, and Sheila Pelton, 81 -- who were both walking on the bike path along Tonawanda Creek Road when they were struck on Sunday.
Smith did acknowledge a man sitting in the front row of the courtroom when he was led in. The man did not wish to speak with 2 On Your Side. The victims' families were not there for the hearing. Smith remains in custody.