A five month old is dead.

Cody Landino of Ocala says his neighbor should have been locked up last month.

"What else do you need?" he said, "they can't control what she does, but they could've prevented it."

Danielle Florence Darby and her five-year-old daughter Brielle remain in the hospital.

Her five-month-old daughter Felicity did not survive.

According to FHP, Florence-Darby lost control of her car Monday morning, and hit a tree in Bradford County.

Landino called sheriff's deputies last month.

"I took a can of duster first...and to get the keys from her, I had to give her a can of duster back," he said.

Landino says he found Florence- Darby in front of her house, passed out behind the wheel with her five year old in the car.

"She was in the back seat jumping into the front seat saying, mommy you just hit a house," he said.

According to the report, Florence-Darby admitted she was huffing dusters before hitting a nearby house and passing out in her drive way.

"There was no arrest made because she wasn't physically in control of the vehicle," said Judge Cochran, Marion County Sheriff's Office spokesman.

About a week after sheriff's deputies filed their report, Florence-Darby crashed her car in front of Trinity Catholic High School, just down the road, and a neighbor had to pick up her girls.

Sheriff's deputies say they have no record of Florence-Darby crashing her SUV, reported to TV20 by two neighbors.

"We did what we legally could when we had interaction with this lady," he said.

Some neighbors feel they fought harder than the powers that be to protect Florence-Darby's girls.

"I do hold them accountable, even DCF; the times they have come, they come, go and that's it, they're gone," said Landino.