Driver Charged in Crash That Killed Baby Had Previous DWI

CATTARAUGUS INDIAN RESERVATION, IRVING, NY - Erie County Sheriffs say a baby is dead following an accident that occured on aportion of Route 20in the Town of Farnham.

Photo Gallery: Baby Killed in Route 20 Crash

Investigators say 24-year-old Danielle Kellogg, from the Town of Brant, was traveling westbound in a 2003 Ford Explorer, on Southwestern Boulevard, on the Cattaraugus Indian Reservation, where she crossed over the center line and struck a 1997 Pontiac Grand Am, driven by 31-year-old Denise Hine, of Hamburg. In the vehicle with Hine was aseven month old female passenger.

Hine was heading home at after dropping her 4-year-old child off at school. The crash caused her Grand Am to split in half.

Theseven month old female passenger, Baylee M. Dion,was taken by Cattaraugus Indian Reservation Fire Company ambulance to Lakeshore Health Care Center, where she was pronounced dead. Hine was transported to Erie County Medical Center by Mercy Flight, where she is listed in serious condition. Kellogg was taken to Erie County Medical Center, where she was treated and released.

Hine and Baylee's father, Scott Dion, released a statement which reads:"She was the best baby on the face of the earth. She was perfect in every way. We are devastated and we can't imagine what life will be like without our Baylee."

Kellogg is charged with DWI and Vehicular Manslaughter in the second degree. Police sources confirm to 2 On Your Side that Kellogg was arrested and charged with D.W.I. back in 2009 in Chautauqua County.

"These are the kind of incidents...which leave an impact," said Erie County Sheriff's Captain Ron Kenyon.

As he surveyed the carnage Kenyon, a 32-year law enforcement veteran, told WGRZ-TV, "It leaves an impact on not just us but to the families and our hearts go out to them. They also go out to the fire fighters emergency personnel, they're just volunteers...they do the best they can do and these are just tragic calls for them."

Kenyon says it appeared Hine took evasive action in an attempt to avoid the collision.

"When the Explorer came over it appears she (Hine) attempted to avoid the collision by going left ,which made good sense ...but the Explorer just caught the car right in the passenger side...the mom did the best she could do to avoid it and almost did," Kenyon said.

The owner of Signals Smoke Shop, in front of which the tragedy unfolded, says his employees who were pumping gas rushed to try and be of assistance, and were crestfallen and heart broken by what they'd seen.

Declining an on camera interview, he described his employees' efforts as heroic nonetheless.

"The first arriving good Samaritans took the baby out (of the car) and were attempting to provide care to the baby," Kenyon confirmed. He added that the baby remained secured in the car seat despite the violent impact.

The child, according to Kenyon, was transported to thehospital still in the car seat, where she was pronounced dead.

Kellogg was arraigned Tuesday night in court. She was remanded to the Erie County Holding Center pendingeither $20,000 bail or $200,000 bond. She will return to the Town of Brant Court on Friday, at 4 p.m.

The crash remains under investigation; additional charges are pending.


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