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The crash, which happened on Sunday, March 19 around 12:20 a.m. on the northbound Hutchinson River Parkway in Scarsdale directly north of the Mamaroneck Road exit, resulted in the death of four boys and one girl from Derby, Connecticut in New Haven County.
According to Westchester County Police Public Information Officer Kieran O'Leary, a forensic examination of the vehicle and scene of the crash found no evidence that the car had been forced off the road as the result of a collision.
Additionally, no evidence was found that showed the driver had engaged the brakes or taken any other evasive action after the car left the parkway, O'Leary said on Tuesday, Dec. 5.
Based on this, investigators concluded that the driver, 16-year-old Malik Smith, likely fell asleep at the wheel, causing the car to leave the roadway and crash, according to O'Leary.
"The crash has been ruled an accident and there are no criminal charges resulting from this investigation," O'Leary said. He also added that the toxicology report found that drugs and alcohol were not a factor in the crash.
On the night of the crash, a 2021 Nissan Rogue SUV driven by Smith, who did not possess a learner's permit or driver's license from Connecticut or New York and was one of the children who died in the crash, struck a boulder and then hit a tree head-on. This caused the car to become engulfed in a fire, according to authorities.
In addition to Smith, the crash resulted in the deaths of:
- Anthony Billips, Jr., age 17;
- Zahnyiah Cross, age 16;
- Shawnell Cross, age 11;
- Andrew Billips, age 8.
The only survivor, 9-year-old Abraham Billips, had been inside the rear hatchback/cargo area of the vehicle when it crashed. He was able to escape the wreck by climbing through the shattered rear windshield, leading to first responders finding him and taking him to Westchester County Medical Center for treatment of non-life-threatening injuries.
The cause of death for the five victims was confirmed to be blunt force trauma by the Westchester County Medical Examiner's Office.
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