Families speak out at man's sentencing

AMHERST, N.Y. (WIVB) - It was a very emotional day at court Thursday, as a man was sentenced for vehicular manslaughter. The victims’ families spoke in the emotion-packed courtroom.

A man who hit and killed two women on a bike path in November learned his fate. David Smith, 53, of Niagara Falls, was sentenced for first-degree vehicular manslaughter. State Supreme Court Justice Penny Wolfgang sent Smith behind bars for four to 12 years.

On November 11th, Smith rode his motorcycle down the Amherst bike path, killing 25-year-old Joceyln Elberson and 81-year-old Sheila Pelton and seriously hurting her husband Foster Pelton.

Natalie Pelton said, “People like my grandma and Jocelyn are the change makers, the hope deliverers, and infinite encouragers no matter what circumstance. Now Sheila and Jocelyn are gone, their hearts do not pump blood and love does not course through their veins. The conscious decision Dave Smith made to have a booze-filled night of getting drunk is the reason for darkness inside my heart.”

“My last memory of my beautiful daughter is her lying on the bike path,” said Jocelyn Elberson’s mother. “She flew like 135 feet, I wake up at night with a picture in my head feeling helpless. I don’t know if killing two wonderful people will change Mr. Smith’s life,

The prosecution asked the judge for the maximum sentence of five to 15 years because Smith had half a dozen prior DWIs, four of those being in western New York.

Smith apologized in court. “I’m so, so sorry. I will remember these families that are here for the rest of my days.”

Charles Elberson said, “New York State doesn’t hand out the best sentences for these kinds of crimes. There was an article from New Mexico, Santa Fe, the same situation two people were killed, that person is in jail for 40 years. Something has got to change.”