Tire tracks were left behind at the scene where a car carrying three people careened into a pole around midnight Monday.
Police say 33-year-old Eric Bahr was driving, 32-year-old Melissa Wendt was in the passenger seat, and the child was in her car seat in the back. According to family, Ava Bahr is the couple's daughter.
The Harris County Sheriff's Office initially reported Ava was the driver's niece.
Wendt died at the scene of the crash, and police say Eric Bahr was taken via LifeFlight to Memorial Hermann Hospital in critical condition.
Ava has the least severe injuries, likely thanks to the fact that she was correctly strapped into her car seat in the back.
According to family, Ava only suffered a broken leg.
A sergeant on the scene said Eric Bahr, who was driving, was drunk. He hit a curb on the Highway 249 feeder road and careened into a light pole after swerving across multiple lanes.
Good Samaritan Lindsay Carlen was sitting in her parked car nearby. She had just brought a friend to the emergency room when she heard the crash and saw smoke.
She ran to the car and saw the little girl in the backseat.
"I spoke to the little girl. I told her my name, and I told her that I was going to help her, that it might hurt a little bit, but I was going to get her out of the car," Carlen recalled. "She told me her name and then she told me how old she was and that she trusted me. So as soon as I got her out, I was able to finish the phone call with 911 and paramedics were already on their way."
Carlen said Ava was only wearing a diaper when she pulled her from the car.
Eric Bahr allegedly kept referring to Wendt as his wife to officials, but it is unclear at this time if they are legally married.
He was arrested and charged with felony-murder. This case remains open and is under investigation by the Harris County Sheriff's Office Vehicular Crimes Division.
The district attorney's office says Eric Bahr was "highly intoxicated."
He is also expected to be charged with intoxication assault based on the child's injuries in the crash.
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