The driver who police accused of killing an infant girl is now facing homicide charges, but the baby's parents -- who did not have her in a child safety seat -- will not.

Monday, Lehigh County prosecutors charged Randy Teets, 56, of Whitehall Township with vehicular homicide, involuntary manslaughter, and driving under the influence. 

One year-old Katrina Gunkel died in the July 18th accident in North Whitehall Township.  Both of her parents suffered severe injuries.

State Police say Randy Teets' blood alcohol level was .21 when hecrashed head-on into the family's minivan on Old Post Road.

This man was two and a half times the legal limit, so he was certainly under the influence of alcohol," said Lehigh County District Attorney Jim Martin.

David Lauchnor witnessed the accident and remembered a heartbreaking scene.

"The girl [Gunkel's mother, Dana Frisk] was still conscious, that was driving the minivan, and her husband or boyfriend, whichever it was, was knocked out at this time," he said.  "I was pretty much over by the van as much as possible, so the girl wouldn't look at her baby next to her.  But she kept telling me to get her baby out.  You know, where's her baby?"

Teets owns T-Square Construction in Whitehall Township. 

He was not there, or at his home, Monday afternoon. 

Katrina Gunkel's parents declined to comment on the charges.

Frisk suffered two broken legs and a bruised heart.  Her spleen was also removed.

The baby's father, Mark Gunkel, also suffered serious injuries.

Police say the couple did not have Katrina in a child safety seat, something that led some to believe the parents should also face charges.

"No, I do not intend to charge the parents," said Martin.

Martin said, under Pennsylvania law, he could likely only charge Frisk with a seat belt violation.

"If I were to charge the mother, it's a summary offense with a maximum fine of $100," he said.

Martin said he opted not to prosecute because he believed Gunkel's parents had suffered enough.

"I don't know if there is a backlash or not, but I frankly don't care."

Martin does not think the fact that Katrina Gunkel was unrestrained will hurt the case against Teets.   He said that, under state law, it doesn't matter if the victim of vehicular homicide is wearing a seat belt or otherwise restrained.

"Certainly, it's regrettable that the child wasn't properly restrained at the time of this accident," he said.  "I think it's speculation as to whether the child would have survived or not."