D'Andre Turner was sentenced to one to three years behind bars for a deadly crash that killed 7 month-old Nyree Greene and injured her mother and aunt.
Nyree's mother Shannon Anderson and her aunt Britney Davis also suffered injuries in June crash on Moselle Street.
Turner pleaded guilty to criminally negligent homicide and driving while under the influence. He says he was reaching down for a pen when the crash happened. The maximum sentence for criminally negligent homicide is two to four years, Judge Wolfgang sentenced turner to one and a half to three years. The actual amount of time Turner spends behind bars will be determined by a parole board.
Baby Nyree's family says the sentence is not enough. "After two years he can still enjoy a birthday, Christmas...what I'm going to do this Christmas is visit my granddaughter's grave," said Nyree's grandmother, Marcell Ellis.
"I had to be the mother to tell her own daughter, her only child, it's time for her to let her go. In the hospital. It destroyed me," said Ellis.
Turner was crying and apologetic during his sentencing, asking baby Nyree's family for forgiveness.
Acting Erie County District Attorney said he understands the family of Nyree has heavy hearts, but he says Turner was sentenced appropriately for his crime according to state law. "I hope in time, Nyree's family can find healing."
Flaherty said the delay between the June crash and Turner's October arraignment was due to delay in testing Turner's blood for any substances.
