Crash That Killed 5 Derby Children Ruled Accidental: Police

DERBY, CT — The fiery crash that killed five Derby children in the Hudson Valley earlier this year has been ruled accidental, according to New York police.

Westchester County Police announced in a news release Tuesday the March 19 crash on the Hutchinson River Parkway has been ruled an accident and there will be no criminal charges as a result of the investigation.

According to police, a forensic examination of the vehicle and the accident scene found no evidence the vehicle had been involved in a collision that forced it off the road. There was also no indication the driver used the brakes or took any evasive action after the vehicle left the road.

Detectives and the department's accident investigation team have concluded the driver most likely fell asleep, which caused the vehicle to go off the road, according to police.

Additionally, a toxicology report on the driver determined drugs and alcohol were not a factor in the crash, police said.

The five Derby children were identified back in March as Anthony Billips, 17, Malik Smith, 16, Zahnyiah Cross, 12, Shawnell Cross, 11, and Andrew Billips, 8, according to officials.

The six siblings and cousins were heading back home to Derby from a mall when their Nissan Rogue veered off the parkway around 12:20 a.m. and struck a tree, The Independent reported.

See also: Police ID 5 CT Children Killed In Fiery Crash

• 5 Derby Children Killed In Crash Might Have Been Panhandling: Report
• 2 Women Recall Encounter With Derby Boys Before Fatal Crash
• New Details Emerge In Crash On Hutchinson Parkway That Killed 5

A 9-year-old sole survivor of the crash crawled out of the back window that had shattered in the crash after the car struck a boulder and a tree and then burst into flames, officials said. Smith, who was driving the rental car, did not have a license or a learner's permit, according to authorities.

A GoFundMe page titled "Our 5 children," organized after the deadly crash by Derby resident Da’Shawna Cross, has raised more than $67,000 to date.