Intoxicated motorcyclist who killed two sentenced to 4 to 12 years

Mar 14, 2013

A serial drunk driver who killed two woman and severely injured a man walking on a bike path in Amherst is now behind bars.

David Smith, 53, of Niagara Falls pleaded guilty to Vehicular Manslaughter, Vehicular Assault and Driving While Intoxicated. Last November Smith lost control of his motorcycle on Tonawanda Creek Road killing Jocelyn Elberson, 26, and Sheila Pelton, 81, and injuring Foster Pelton, 79.

State Supreme Court Justice Penny Wolfgang sentenced Smith to four to 12 years in prison Wednesday morning. 

Prior to his latest conviction, Smith had been arrested five times for DWI in three states. Smith faced a maximum sentence of 15 years in prison.

After sentencing, Charles Elberson, Jocelyn's father, told reporters New York State doesn't hand out tough enough sentences for this kind of crime.

Jocelyn Elberson & her brother, Brett Elberson

"There was an article from Santa Fe, New Mexico [where in] the same situation, two people were killed. That person is in jail for 40 years. Something's got to change. He didn't learn. This is multiples," Elberson said.

Smith apologized to the families of his victims and said he wished he could turn back the clock.