Motorcyclist in deadly crash on 5th DWI

AMHERST, N.Y. (WIVB) - An Erie County grand jury will take up the case against a motorcyclist in the crash that killed two pedestrians on a bike path in Amherst.

A solitary white cross marks the place where two women, both known for overcoming tremendous odds in their lives, were killed in a motorcycle accident along a bike path in Amherst.

Twenty-five-year-old Jocelyn Elberson of the Town of Tonawanda and 81-year-old Sheila Pelton of East Amherst were killed on Sunday when a motorcycle driven by 53-year-old David Smith hit them and Pelton's 79-year-old husband, Foster.

Pat LaDuca was Sheila's personal trainer through the Leukemia and Lymphoma Society. Sheila had overcome breast cancer, and at 72-years-old completed her recovery by running a marathon.

"She is the most inspirational woman I have ever met. She's positive. She just touches people's lives and she didn't know that. I hope she can look down today and know the effect she's had on so many people," LaDuca said.

Jocelyn Elberson overcame Williams Syndrome, a genetic disorder that causes developmental disabilities, and open heart surgery. She was still recovering at the time of the crash.

On Thursday, Smith faced an Amherst Town judge on charges of criminally negligent homicide and DWI - the motorcyclist's fifth DWI charge.

Smith's attorney Joel Daniels said, "He has facial injuries and he just feels terrible about what happened in this accident. It's very, very tough for everyone here and I want the community to know that."

Friends of Sheila and were inspired by her battle with cancer are holding a walk and run this weekend along the bike path in her memory.

LaDuca said, "We wanted to be able to mourn her death and celebrate her life. So the society said right away, let's do a walk in memory of her."

Smith waived a felony hearing and his case now goes to a grand jury. Sheila 's husband Foster, who survived the accident, is in serious but stable condition at ECMC. Those who know him say medically he will be okay.