Residents Say Speed a Factor in Double Fatal Crash

November 13, 2012 Updated Nov 13, 2012 at 12:42 AM EDT

By Ed Reilly

November 13, 2012 Updated Nov 13, 2012 at 12:42 AM EDT

AMHERST, N.Y. (WKBW) 53-year old David Smith of Niagara Falls is now charged with Driving While Intoxicated and Criminally Negligent Homicide.

Smith was arraigned while being treated at the Erie County Medical Center (ECMC) and will remain in the hospital's lockup until his next court appearance on Thursday in Amherst.

On Sunday, Smith lost control of his motorcycle on Tonawanda Creek Road in Amherst and struck three pedestrians while they walked on a bike path.

25-year old Jocelyn Elberson of Buffalo and 81-year old Sheila Pelton of Amherst were killed.

79-year old Foster Pelton was taken to ECMC with serious injuries

The Amherst Police accident reconstruction team will use data from the crash to figure out how fast David Smith's motorcycle was traveling.

Those calculations are expected to take some time.

Residents who live near the accident scene believe speed was a major factor based on what they heard.

Tom Maroney lives just a short distance from the fatal accident site, "Oh they were hauling. The sound was pretty high. There were actually five bikes and they all went blasting by . . . and then after that, you could hear all the ambulances."

Maroney tells Eyewitness News that speeding motorcycles are a constant problem in this section of Tonawanda Creek Road because of the curves.

"They come in, the speed is 45{mph}, they power up to seventy, they'll hit the low gears, run it up to redline, and they're doing well over 100."

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