Court: Suspect Plead Guilty to Previous DWI

November 13, 2012 Updated Nov 13, 2012 at 7:43 PM EDT

By Rachel Elzufon

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November 13, 2012 Updated Nov 13, 2012 at 7:43 PM EDT


Amherst, NY (WKBW) - New details have been uncovered about the man in Sunday's crash on an Amherst bike path.

Eyewitness News has found out David Smith, 53-years-old of Niagara Falls, has been arrested at least two times for Driving While Intoxicated.

The most recent crash killed 25-year-old Jocelyn Elberson and 81-year-old Sheila Pelton. It also left Sheila's husband, 79-year-old Foster Pelton, in the hospital.

The idea that Smith was arrested before is baffling for family members.

Brett Elberson, the brother of Jocelyn says "as if getting caught by the cops isn't enough -- he had to go ahead and take people away from us."

Court officials confirm in 2000, Smith plead guilty to a felony DWI in North Tonawanda.

Additional documents from Florida reveal that Smith was arrested in Volusia County in Florida for a misdemeanor DWI in March of 2010.

Documents show those charges were later dismissed.

As of Tuesday morning, ECMC says Smith is in fair condition. He was arraigned for Sunday's deadly crash on Monday.

Brett Elberson, whose mother and aunt saw Jocelyn die, says Smith "never said anything. He never showed any remorse for the lives he took away."

Elizabeth Obad, with Mothers Against Drunk Driving, says she isn't surprised that Smith has prior arrests.

Obad explains "The average person that's arrested or in a crash has driven drunk at least 80 times while they're intoxicated before that first arrest."

Now loved ones are trying to move forward.

The family of Sheila and Foster Pelton are taking care of their father, who is still recovering in the hospital, and remembering their mother as a strong, courageous and kind woman.

Sheila moved to the United States from Great Britain. She is a survivor of breast cancer, fought for awareness about the disease. She also was very active -- running, playing tennis and biking.

Nigel Pelton says "We were struck by the impact my mom had with the neighbors and the kids."

His wife, Lisa Pelton, says her mother-in-law was "Probably the most determined person I ever knew. I mean she's a very charming woman."

Meanwhile, three bouquets of flowers still lay at the crash site.

Jocelyn's family went to the crash site Tuesday afternoon for a private ceremony. They put a large cross into the ground, that Brett and his cousin built by hand in Jocelyn's memory.