The driver of the Acura, 32-year-old Shina McClam, of Ossining, was killed. McClam's 18-year-old niece was in the front seat passenger and was taken to Westchester Medical Center with serious but non-life-threatening injuries. Her 6-year-old daughter was in the back seat and was rushed by helicopter to the same hospital. She is also expected to survive. Investigators determined that Cope was under the influence of alcohol and arrested him. Lt christopher mulkins/ nysp troop k 1:39 "His blood alcohol content was determined to be 0.21 percent, almost three times the legal limit in New York state," NYSP Troop K Lt. Christopher Mulkins said.