Memorial to DWI victim goes missing

AMHERST, N.Y. (WIVB) - Jocelyn Elberson was killed on a bike path by an admitted drunk motorcyclist. But now a part of her memorial has gone missing.

A white cross used to mark the spot on the Amherst Bike Path where the 25-year-old woman was struck and killed by a drunk driver last November. Until last week, when the Elbersons say, it was suddenly gone.

Jocelyn's brother, Brett, said, "I just can't believe someone would go that low, to steal something like this. You know, that's almost like going in a cemetery and stealing someone's tombstone."

RELATED | David Smith pleaded guilty in the crash, his fifth DWI

Jocelyn's family believes the cross disappeared sometime after 7 o'clock on the night of Sunday, January 27. When a relative drove by the next day, she noticed the cross was missing.

"It's just like another kick in the face," said her father, Charles.

Brett searched the road, brush and creek extensively, but could not find the cross. He says it's devastating to lose, because he and his cousin built it by hand.

"I started building it the day after it happened, and that emotion that I had during that time... It's almost like... my blood and tears going into that. I won't ever have that back," Brett said.

The cross wasn't just something for Jocelyn's family to remember her by. According to Brett Elberson, they had another reason for putting it there.

"To potentially make someone think, if they were to be drinking and driving and maybe they saw that, maybe something might click in them, and say 'Hey, you know what? I shouldn't be driving.' And maybe [they'd] pull over and call someone," Brett explained.

Amherst Police received no reports of the cross being stolen. Highway Superintendent, Robert Anderson, told News 4 the Highway Department doesn't remove such roadside memorials unless they block drivers' line of sight. Anderson had no knowledge of Jocelyn Elberson's memorial being removed.

The family has a message, for whoever took Jocelyn's cross:

"If they have it still, I wish they'd bring it back and just put it back, no questions asked. It was a memorial, for God's sake," Charles said.

Brett added, "I'm not going to be angry at you. We all mistakes. We all do stupid stuff. Give it back, and just live up to what you did."

The driver who killed Jocelyn Elberson and 81-year-old Sheila Pelton - 53-year-old David Smith - has pleaded guilty to DWI and vehicular manslaughter. He will be sentenced next month.