WHITE PLAINS, N.Y. — Westchester County officials said the 16-year-old driver of a crowded SUV who died in a crash on Sunday did not have a driver’s license nor learner’s permit.
Investigators are theorizing that the driver, Malik Smith, was either distracted or fell asleep at the wheel when he drove off the northbound lanes of the Hutchinson River Parkway in Scarsdale, N.Y. at about 12:20 a.m.
Speed is not thought to have been a factor in the tragedy, officials said.
Malik was one of six young people from a Derby family traveling in a 2021 rented Nissan Rogue, Westchester County Executive George Latimer said during a press conference on Monday.
Click the play button above to watch the press conference, which starts at the 8‑minute mark.
(Left to right) Westchester County Executive George Latimer and Westchester County Police Commissioner Terrance Raynor.
The group may have been coming from a family get together or a mall, and had possibly been in New Jersey in the hours before the crash, Latimer said. However, Latimer said the information was an “unverified assumption.”
Malik died in the crash, along with Anthony Billips Jr., 17, Zahnyiah Cross, 12, Shawnell Cross, 11, and Andrew Billips, 8.
Abraham Billups, 9, who was riding in the rear cargo area of the midsize SUV, survived with “non life-threatening injuries,” officials said. Abraham was taken to Westchester Medical Center in Valhalla. He may have suffered lacerations, Latimer said, but officials said they were not sure whether he was still in the hospital as of Monday afternoon.
The family had recently moved to Derby’s west side from a New York City borough. School officials said the young people were not yet enrolled in Derby schools. Malik was enrolled in a high school in Brooklyn, officials said.
Latimer said the group included at least two sets of siblings. He said everyone was related, but the precise nature of the relations were still being sorted out.
A relative rented the vehicle, Latimer said. Officials did not elaborate. Law enforcement is investigating how Malik “had access” to the rental vehicle.
The investigation is not criminal, but is in a fact-finding stage, said Terrance Raynor, the commissioner of the Westchester County Department of Public Safety. Raynor said if the evidence or interviews warrants a criminal investigation, the Westchester County District Attorney’s Office will get involved.
Latimer noted the severity of the tragedy — five people under the age of 18 killed — motivates officials to find out how the tragedy happened, rather than to assign blame.
Latimer noted that while the Hutchinson River Parkway is a narrow road with curves, the area of the crash — near Mamaroneck Road — is not considered accident prone.
Latimer said the crash happened at a point in the parkway where there is a hill and a turn. Malik, the Rogue’s driver, did not navigate the turn, but continued straight, hitting a boulder before crashing into a tree. The vehicle then caught fire.
A motorist witnessed the crash. That person stopped and “engaged” with Abraham, officials said. The little boy had escaped the burning wreck by exiting the vehicle through the lift gate’s shattered window. The witness contacted Abraham’s mother while Abraham sat in his car, Latimer said.
The first responder on scene was a Westchester County police officer who attempted to extinguish the flames but could not due to the severity of the fire. Scarsdale, N.Y. firefighters then arrived at the scene. Latimer said first responders are being offered counseling to deal with what they witnessed.
Toxicology reports are pending, Latimer said. It is not known whether the group was wearing seatbelts due to the fire damage.
A GoFundMe that is circulating locally on social media has raised $37,000 to help pay for funeral costs. The page was created by Da’Shawna Cross, identified as the mother of the children.
“I am making a fundraiser to help bury our children we lost, we as parents lost 5 of our children in a very tragic accident and need help deeply with giving them a great home going service please anything will help we just want to put our babies to rest,” the post reads.
Raynor said law enforcement has touched base with the family in Derby, and will be following up with more conversations. Raynor said the family is obviously distraught.
Abraham, the 9‑year-old boy who survived, has not been interviewed by police.
Although the minors were not enrolled locally, school officials told The Valley Indy on Sunday that grief/crisis plans were put in place for Derby students who may have known the family from their neighborhood.
Walt Mayhew, Derby Mayor Rich Dziekan’s chief of staff, said the mayor visited the family to offer assistance and condolences. The family said they would reach back out, Mayhew said in an email.
