Driver guilty in crash that killed baby

BRANT, N.Y. (WIVB) - A driver admits she was drunk when she crashed into another vehicle last November along Southwestern Boulevard in Brant. The impact of the crash tore the vehicle in half, killing the 7-month-old baby inside.

Danielle Kellogg, 24, pleaded guilty Wednesday to first degree vehicular manslaughter in crash that killed baby Baylee Dion. And it was revealed in court that alcohol wasn't the only thing in Kellogg's system at the time.

Prosecutor Bethany Solek said, "Her blood contained alcohol, marijuana, and cocaine, an expert toxicologist determined that she was a minimum of a .13 at the time of the crash and the levels of cocaine and marijuana were higher."

PHOTOS | See the scene of the horrific crash here

Given their findings, Kellogg's charges were upgraded from second degree vehicular manslaughter to first degree vehicular manslaughter.

"The force caused the Hine vehicle to split into two the rear of the vehicle where the baby was secured came to rest 30 feet away from point of impact,' Solek said.

Seven-month-old Baylee Dion was killed. Her family, including mother Denise Hine who was injured in the crash, sat in the front row holding hands and wearing pins with the infant's picture on it.

Hine's lawyer Steven Boyd said, "They are in grief. You lose your baby, this doesn't go away, so it's still a very tough time for them."

Kellogg, who was previously convicted of DWI in January 2010, pleaded guilty Wednesday and waived her right to appeal.

Through tears, she explained to the judge what happened, saying, "I was driving intoxicated that caused an accident that caused a death and I had a prior."

Erie County DA Frank Sedita said, "Things like this just don't happen to anybody. Things like this happen to people who don't have a great regard for others that are using the road."

Kellogg could face a maximum of 15 years in prison. She'll be sentenced on May 22.