Police arrested 29-year-old Jose Escobar, of Westbury, two weeks ago for drunk driving after he lost control of his car in Brentwood.
Investigators say the car crossed the median, flipped and landed on its roof.
Escobar's 10-month-old daughter Helen was killed. His pregnant girlfriend also was injured.
Police say the car was going very fast, failed to make the turn and went off the road. The car then flipped and hit the back of the 7-Eleven near Wicks Road.
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