Family of baby killed in crash speaks

BUFFALO, N.Y. (WIVB) - A 7-month-old baby named Baylee was killed in a car accident in Brant on Tuesday, and her mom Denise Hine remains in the hospital.

Hine's vehicle was struck by an SUV driven by 24-year-old Danielle Kellogg of Brant. Authorities say Kellogg crossed the center line, hitting Hine's Pontiac Grand Am and splitting it in two. The front end was located around 30 feet from the rear, where Baylee had been strapped inside a car seat.

PHOTO GALLERY | Crash claims baby's life

Erie County Sheriff’s Office Captain Ronald Kenyon said, “The driver crossed into the eastbound lane, appears as though the mother, the driver of the second vehicle, tried to avoid striking that vehicle and the vehicle did in fact strike the one with the mom and child."

Hine, 31, is expected to recover from her physical wounds, which her lawyer describes as severe. The loss of her youngest child Baylee will be much harder to recover from. The infant's father, Scott Dion, spoke out on Wednesday.

"She was the best baby anyone could ever have. She was nothing but smiles. She never cried. She was such a good baby," Dion said.

Baylee's grandmother, Linda Dion, said, "It's like the beauty and innocence has been just totally taken away from everybody."

Hine is said to be in great pain with multiple fractures and internal injuries. Just before Tuesday morning's crash, Hine had dropped off Baylee's 4-year-old sister Sierra at pre-school and she was returning home to Derby. Hine has one other child as well. It was supposed to be a routine day.

Dion said, "I still feel like it's not real and I'm going to wake up and hold my daughter in my arms."

Kellogg was treated and released at ECMC. She is charged with DWI and vehicular manslaughter. On Thursday afternoon she remains in custody.  Bail was set for $20,000 cash or $200,000 bond.

Three years ago, nearly to the day, Kellogg was charged with DWI in Chautauqua County. According to the 2009 police report, Kellogg was stopped by deputies after crossing over the center line and the fog line.

Authorities reported that at the time of the 2009 incident in Pomfret, Kellogg did poorly on field sobriety tests and then submitted a breath test that allegedly revealed a .12 percent BAC.

"Obviously she did not learn her lesson. And maybe they should start coming up with a law. You get your first one, you go right to jail, you don't get your license back," Dion said.

Linda added, "Please, I implore you to talk to your family, talk to your friends, anyone who picks up a stinking drink. It's deadly. It's poison."

Hine and her family say they are all very grateful to citizens and first responders who tried to give them assistance at the scene.