Niagara Gazette — Erie County Assistant District Attorney Kelly Omel assisted the arresting officer in obtaining a court order to draw blood from Smith after the accident. He was charged with DWI and criminally negligent homicide. Further charges may be pending as the investigation continues.
Smith was arraigned on the charges Monday at 12:05 p.m. in the hospital and is being held without bail. A court date has been set for Nov. 15 in Amherst Town Court.
After Sunday's accident, Sheila Pelton's husband, Foster Pelton, 79, was transported to ECMC. His condition is currently listed as serious.