No charges in March fatal teen driving crash on the Hutch that killed 5: Police

Westchester County Police said Tuesday that a March car crash on the Hutchinson River Parkway that killed five Connecticut residents ages 8 to 17 near Scarsdale has been ruled as an accident.

According to police, there will be no criminal charges resulting from the investigation.

Police said in a news release that an investigation of the crash on March 9 found that the driver of the vehicle, Malik Smith, 16, of Derby, Conn. "most likely fell asleep" at the wheel around 12:20 a.m. while he was driving four family members who were also minors, causing the vehicle to leave the parkway north of the Mamaroneck Road exit and hit a boulder and then a tree. The road curves slightly to the left in the area and goes slightly downhill.

Police found that Smith did not have a driver's license in Connecticut or New York at the time of the accident. Victims who died in the crash were Smith, Anthony Billips, Jr., 17, Zahnyiah Cross, 12, Shawnell Cross, 11 and Andrew Billips, 8. Abraham Billips, 9, was the only survivor, according to police.

At the time of the crash, Westchester County Executive George Latimer said the vehicle was rented by a family member.

There was no evidence of another vehicle making contact with the 2021 Nissan Rogue SUV Smith was driving and no drugs or alcohol in the driver's system. Police say Smith also did not appear to engage the brakes as the car went off the road and caught fire.

Officials say they believe Abraham Billips was riding in the rear hatchback of the car and escaped through the rear of the SUV. He was brought to Westchester Medical Center for non-life threatening injuries.

This article originally appeared on Rockland/Westchester Journal News: No charges in Fatal Hutchinson River Parkway crash: Police