Suspect in Deadly Crash Appears in Court

November 15, 2012 Updated Nov 15, 2012 at 7:58 PM EDT

By Rachel Elzufon

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November 15, 2012 Updated Nov 15, 2012 at 7:58 PM EDT


Amherst, NY (WKBW) - The man who is accused of killing two people in a drunk driving accident on an Amherst Bike Path appeared in court for his first time on Thursday.

The legal case begins to come to light against David Smith, the man accused of driving drunk on his motorcycle and careening onto an Amherst Bike Path. The crash killed pedestrians 25-year-old Jocelyn Elberson and 81-year-old Sheila Pelton.

79-year-old Foster Pelton was also injured.

Smith faces seven charges. The most serious are two counts of Criminally Negligent Homicide and Driving While Intoxicated.

He's also been charged with imprudent speed, unreasonable speed, unsafe lane change and wearing an unapproved helmet.

Prosecutors say this is not Smith's first time getting behind the wheel drunk.

Kelly Omel told Judge Mark Farrell "The defendant has two misdemeanor as well as one felony DWI's as well as one conviction for driving while impaired in New York State."

The most recent DWI was in North Tonawanda back in 2000.

Eyewitness News also learned he was also arrested for a DUI in Volusia County, Flordia two years ago. Those charges, however, were dropped.

Judge Farrell also revoked Smith's license because prosecutors say he refused a blood test. Investigators had to get it through a court order.

Joel Daniels is representing Smith. Daniels is no stranger to high profile DWI cases.

Daniels last big name client was Dr. James Corasanti, the doctor acquitted in the hit and run that killed 17-year-old Alexandria Rice.

Daniels says his strategy is unclear, and that "it's much too early to tell right now. We have a long way to go in this case. Let's see what happens.".

For the first time, Smith's injuries from the accident became clear. His face and eyes were badly swollen from facial fractures. Smith now needs surgery.

Through his attorney, Smith says that he's remorseful for the lives he has taken. Daniels says his client feels "terrible, terrible about what happened in this accident. It's very tough for everyone here and I want the public to know that."

Smith was arraigned at ECMC on Monday and remanded without bail. His attorney does not know if he will make another bail attempt.