Erie County District Attorney Frank A. Sedita, III announced that 53 year old David Smith of 1313 Roselle Avenue, Niagara Falls, pleaded guilty this morning before Supreme Court Justice Penny M. Wolfgang to Vehicular Manslaughter in the First Degree, Vehicular Assault in the Second Degree and Driving While Intoxicated. These are higher charges than those initially filed and the highest charges for which Smith could have been convicted had he gone to trial.
Smith admitted that on November 11, 2012 on Tonawanda Creek Road in Amherst, while driving intoxicated, he lost control of his motorcycle, drove off the road onto the bike path and caused the death of 26 year old Jocelyn Elberson and 81 year old Sheila Pelton, and caused serious physical injury to 79 year old Foster Pelton.
Smith faces a maximum prison sentence of 15 years in prison when he is sentenced before the Hon. Penny Wolfgang on March 14, 2013 at 9:30 a.m.