Motorcyclist Accused of DWI, Killing Two Women

November 13, 2012 Updated Nov 13, 2012 at 12:44 AM EDT

By John Borsa

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November 13, 2012 Updated Nov 13, 2012 at 12:44 AM EDT

AKRON, NY (WKBW) - A motorcyclist who is accused of driving drunk and killing two people was arraigned in his hospital bed at Erie County Medical Center.

David Smith, 53, was charged with DWI and Criminally Negligent Homicide for the Sunday afternoon crash, which claimed the lives of two women and injured a man.

It happened at the bike bath entrance on Tonawanda Creek Road between Campbell Boulevard and Hopkins Road.

Two women were killed when Smith's motorcycle struck them. Jocelyn Elberson, 25, and Sheila Pelton, 81. Pelton's husband, 79-year-old Foster Pelton, was seriously injured.

All three were among dozens of others who were enjoying the unseasonably warm weather with an afternoon walk along the bike path.

Foster Pelton is hospitalized at ECMC with two fractured legs, broken rips, broken shoulder and collapsed lung, according to his family.

The Pelton family of Akron is devastated.

They spoke with Eyewitness News about the moment, just before surgery, when they told Foster Pelton that his wife of more than 50 years did not survive.

"The hardest thing is he's beginning to realize that his wife of more than 50 years is not going to be there when he gets home," said son Nigel Pelton. "Physically he's doing okay but mentally he's beginning to feel pretty down about everything."

The brother and sister of Elberson said their sibling was devoted to her church and loved her job at the Fishbone Grill.

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