Family of Baby Killed Speaks Out

November 28, 2012 Updated Nov 28, 2012 at 9:07 PM EDT

By Rachel Elzufon

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November 28, 2012 Updated Nov 28, 2012 at 9:07 PM EDT

Buffalo, NY (WKBW) - A suspected repeat drunk driver is now facing serious criminal charges for the death of a baby.

The infant, seven month old Baylee Dion, died in a crash on Tuesday along Route 20 on the Cattaraugus Indian Reservation.

The suspect, 24-year-old Danielle Kellogg, is now behind bars, facing DWI and Vehicular Manslaughter charges.

The family of the victims, facing something nearly impossible to imagine, is now speaking out.

Tearfully, Baylee's father, Scott Dion, says his daughter "was nothing but smiles. She never even cried. She was such a good baby."

"Baylee was everything," Scott says. "She was the best baby in the world."

Baylee's mother, Denise Hines, is now in ECMC badly injured. She has multiple fractures and organ damage, but is expected to be okay.

Denise is in a lot of pain, but knows the crash killed her baby.

Linda Dion, Baylee's grandmother, says "the thing she cries about a lot is that she can't even hold her other two children, because she's so sick."

Denise also has a 10-year-old son and 4-year-old daughter.

Denise had just dropped her other daughter off at school and went to fill-up her vehicle with gas. Family members say while driving home, Kellogg slammed into Denise's vehicle, ripping it in half.

Family members say Denise tried to swerve out of the way. She was less than 15 miles from her house.

Kellogg has been arrested before. She plead down to Driving While Ability Impaired in November of 2009 in Chautauqua County. Her blood alcohol level was at 0.12 during that arrest. Her sentence was a fine and 90 days of a suspended license. The District Attorney's office says she did not serve jail time as part of the sentence.

Scott Dion now pleads "people wake up to how much damage you can do when driving drunk."

This is the second time in less than two weeks a person with a history of drinking and driving has gotten into a crash.

Family members of Jocelyn Elberson, one of the victims of the Bike Path Crash, took to Facebook.

Jocelyn's sister, Heather, wrote "What is it going to take to get stricter laws/harsher punishments for those that choose to drink and drive. This is horrible for that innocent baby and their family."

Jocelyn's brother, Brett, added "How many people have to suffer before they change the laws and make them stricter.... I feel so horrible and sickened for this family because we just had to deal with a person that didn't learn."

Now baby Baylee's family hopes no one else will ever feel their pain.

Linda pleads as the holidays approach, "Don't think this is anytime -- even if you've just had one or two -- if you've had any kind of drink, even if it's just one or two ... Anyone who pinks up a stinkin' drink ... Terrible, it's deadly it's poison.

Kellogg is behind bars on $20,000 bail. She has been charged with DWI and Vehicular Manslaughter.

Chautauqua County District Attorney Mark Foley says due to her prior DWI plea, Erie County prosecutors "could raise it to |Aggravated Vehicular Homicide, which is a Class B felony."

Kellogg's next court hearing is Friday afternoon in Brant, NY.