Officials say 54-year-old Daniel Patrick Lenihan was released on $0 bail after killing the Ohlwiler's 11-month-old son Madden and leaving his two parents with major injuries.
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Lenihan was arrested on suspicion of driving under the influence of drugs and vehicular manslaughter after allegedly jumping a curb and hitting the Ohlwilers in a neighborhood near Mission Viejo.
The parents injured in the crash have been identified as Kyle Ohlwiler, 34, and Hayley Ohlwiler, 31, of Rancho Santa Margarita.
No criminal complaint has been filed against Lenihan at this time. The Orange County District Attorney's office says they are waiting on the toxicology results.
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A GoFundMe has been set up to support the Ohlwilers.