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A marker the Elberson family placed at the scene of Jocelyn's death, off Tonawanda Creek Road (WBEN Photo)

Repeat DWI Offender Sentenced in Amherst Bike Path Deaths



The man who admitted to driving drunk in November along a bike path in Amherst striking three people, killing two, has been sentenced to 4-12 years in prison.

David Smith (R)  faced up to 5-15 years when Judge Penny Wolfgang issued the punishment for the motorcycle crash that killed Jocelyn Elberson and Sheila Pelton.

Police says Smith's motorcycle swerved off Tonawanda Creek Road on a curve. The bike then struck and killed Sheila Pelton and  Elberson, 25, of Tonawanda, and injured Pelton's husband Foster.

Amherst police say Smith  had alcohol in his system at the time of the accident, around 3:30pm Sunday.  His bike slid off the roadway and onto the bike path.

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Filed Under :  
Topics : Hospitality_Recreation, Law_Crime
Social : , 
People : David Smith, Foster, Jocelyn Elberson, Penny Wolfgang, Sheila Pelton
03/14/2013 12:17PM
Repeat DWI Offender Sentenced in Amherst Bike Path Deaths
Was this the right sentence?
03/14/2013 3:10PM
Too Light
Should of been 20 to life (10 for each) also he should never get his license back
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