(Left to right) Westchester County Executive George Latimer and Westchester County Police Commissioner Terrance Raynor at a press conference in March.
HAWTHORNE, N.Y. — Police said a one car crash that killed five Derby residents was probably caused by the driver falling asleep.
The crash was ruled an accident, according to a prepared statement issued on Tuesday (Dec. 5) by the Westchester County Police Department.
“The crash has been ruled an accident and there are no criminal charges resulting from this investigation,” police said.
Malik Smith, a 16-year-old Derby resident, was at the wheel of a SUV when he drove off the northbound lanes of the Hutchinson River Parkway in Scarsdale, N.Y. at about 12:20 a.m. on March 9.
The vehicle, a Nissan Rogue, hit a boulder and then a tree.
Smith was killed, along with Anthony Billips Jr., 17, Zahnyiah Cross, 12, Shawnell Cross, 11, and Andrew Billips, 8. They were all related, according to a GoFundMe set up after the tragedy.
Malik did not have a permit to be driving the vehicle.
There were no drugs or alcohol in Malik’s system, police said.
“A forensic examination of the vehicle and the accident scene found no evidence that the vehicle had been involved in a collision that forced it off the road,” police said. “There also were no indications that the driver engaged the brakes or otherwise took any evasive action after the vehicle left the roadway.”
Police said the detectives and the accident investigation team determined that Malik probably fell asleep at the wheel.
Although the group was living in Derby, that had not been enrolled in Derby Public Schools, nor any other local school, at the time of the wreck, officials said at the time.
Westchester County police said they have received questions regarding “family-related issues” following the wreck, but said such questions should be directed to Connecticut officials.
In April, The Connecticut Post reported that several state agencies, including the state Office of the Child Advocate, had opened inquiries into the family from where the children came. The status of those investigations was not immediately known Tuesday night.
