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Driver in crash that killed 5 children didn't have learner's permit

Nine-year-old Abraham Billips survived and will be key in the investigation.

DERBY, Conn. — New details emerged Monday into what caused the horrific crash that killed five young members of a Derby family.

New York officials say the driver, Malik Smith, 16, was either distracted or asleep at around 12:30 a.m. Sunday when he failed to navigate a curve on the Hutchinson River Parkway in Scarsdale, New York.

The rented 2021 Nissan Rogue hit a boulder, then a tree and burst into flames, killing five of the six siblings and cousins inside. “These are individuals who had their whole life ahead of them. There are so many things that have been denied to them. The opportunity to grow up and live a full life,” remarked Westchester County Executive George Latimer.

The survivor, nine-year-old Abraham Billips, was sitting in the cargo compartment and escaped through the rear hatch. “He’s just seen five members of his family die. This has got to be an impossible situation for him as a young boy,” said Latimer.

The family recently moved to Derby. City Clerk Mark Garofolo said it’s a time for families across Connecticut to hug each other tighter and have meaningful conversations. “I think it’s a lot for people to process. Very tragic and very sad,” said Garofalo. “These things happen in the blink of an eye.”

"This is an unspeakable tragedy, and our thoughts are with the family, friends, neighbors and others within the community who knew these children and are now grieving their loss and the trauma they experienced. We are currently reviewing our interactions with the involved families,"  Department of Children and Families Commissioner Vannessa Dorantes said in a statement

"We can confirm that at the end of last month, we were asked by our counterparts in New York Child Protective Services to perform a "courtesy visit" to interview the children based on an alleged incident that occurred in New York.

Because the children were located in Connecticut at the time, DCF assisted New York CPS. Dorantes said  there was nothing learned in the interviews which warranted further Connecticut DCF involvement.

"Our Department adheres to confidentiality under state statute 17a-28 and federal law and due to the pending investigation into this incident, we are unable to comment further on this matter."

The driver had neither a license nor a learners permit. A fact his father says he knew about. “I told him. His mother told him, his older brothers told him stop driving without a license or without a permit anything can happen. You can get pulled over. You can get in trouble for these things. Stop doing this,” explained Malik Smith, the father of 16 year old Malik Smith.

In Connecticut, a 16 year old can’t drive with anyone under the age of 20 or between the hours of 11 p.m. and 5 a.m. Underage drivers in New York have similar restrictions. “It’s not to get these children into trouble or find anything wrong with them. It’s safety,” said Sgt. Christine Jeltema of the Connecticut State Police. “We want to make sure they can go places and get those driving habits as they get older and more experienced.”

A Go Fund Me has been set up to support the family as they plan five funerals. “Our hearts and prayers and thoughts go out to the families of these young children who were killed,” added Sgt. Jeltema.

Sympathy and grief collide with questions like how the kids got access to the vehicle, where they were coming from, and why driving laws were broken. “We’re less concerned at this point about who to blame than to understand exactly what happened,” said Latimer.

The initial investigation determined speed was not a factor in the crash. The narrow and windy road has a speed limit of 55 mph. According to county officials, although the road is slightly sloped, that area was not known for a lot of accidents.

There was no evidence to suggest that the driver even attempted to hit the brakes or turn the vehicle before impact.

County officials say the first police officer on scene tried to put the fire using an extinguisher but was not successful. The damage to the vehicle was so extreme that it wasn't immediately known whether the occupants were wearing seat belts or not.

County officials said they are also providing support to any first responders who had to process the horrific scene of the accident.

The medical examiner determined all the victims died of blunt force trauma.

It's believed that the kids spent the evening at a mall in New Jersey and were on their way back to Derby but county officials could not immediately confirm if that was true.

Six people were in the vehicle despite having only enough seating for five. The vehicle was rented by a relative, It's not clear how the victims were able to gain access.

Matt Caron is a reporter at FOX61 News. He can be reached at mcaron@fox61.com. Follow him on Facebook, Twitter and Instagram.

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