The 5-year-old girl severely injured in a wreck a week ago passed away over the weekend. Charges against an alleged drunk driver have now changed as a result.
Israel Lugo is now charged with intoxication manslaughter.
Prosecutors say Lugo ran a red light and smashed into a car on January 20.
Five-year-old Giselle Luviano and her aunt were hurt. Giselle died from her injuries on Saturday. Giselle's family says they are donating her organs to Life Gift.
Field sobriety tests were performed at the scene of the crash. Lugo's attorney says he was sober and did not break the law.
Lugo has a court appearance on Monday morning.