Niagara Gazette

Local News

November 15, 2012

Motorcyclist who killed two had three prior DWIs


Niagara Gazette — Those convictions will also be inadmissible in court as a result.

Smith's facial injuries, including bruises under both of his eyes, were visible Thursday. He didn't speak and was quite subdued, letting Daniels take responsibility for communicating with the judge. 

In line with the seriousness of the charges, Farrell's discourse was quite firm. He called the incident a "tragic situation" and said he wouldn't entertain requests to release Smith on bail.

"You are probably going to make a request anyway," Farrell told Daniels. "But I am not going to do that."

Daniels said he reserves his right to make a request, but wouldn't confirm that decision yet.

In a matter of procedure, Smith's license was also revoked at Omel's request. 

The accident occurred Sunday at around 3:20 p.m. Smith was driving in Amherst on Tonawanda Creek Road between Campbell Boulevard and Hopkins Road when he veered off the street, hitting three pedestrians and killing two women.

Jocelyn B. Elberson, 25, of Tonawanda, was killed while on a walk with her puppy. Sheila Pelton, 81, of East Amherst was also killed. Both were transported to Millard Fillmore Suburban Hospital, where they were pronounced dead.

Sheila's husband, Foster Pelton, 79, was also hit and was sent to Erie County Medical Center, where he is now listed in serious condition.

Smith will likely have to undergo operations on his face next week, but walked away from the accident with only minor injuries in comparison to those he hit. 

He refused a breath test after the accident, but a court order was obtained for a blood draw.

The victim's families were not in court Thursday. Smith did nod to a middle-aged man in the courtroom, but he declined an interview.

Contact reporter Jessica Bagley at 693-1000, ext. 4150.

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
US Ready to Slap New Sanctions on Russia Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming Traditional African Dishes Teach Healthy Eating
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results