A teen died last December of a drug overdose while in the care of Constellations Recovery, a sober living residence located on Underhill Avenue, contradicting claims made by the facility's owner.

Unsatisfied with the lack of answers surrounding his son's death, Jim McWilliam, the father of that teen, says he plans on suing Constellations Recovery, hoping the facility and others like it will face greater regulation and oversight in New York.

McWilliam also alleges that Tom McCrossan, co-owner of the facility, was not telling the truth six months ago when he told Yorktown News: "There has been no indication, after several toxicology reports, of any drugs in his system." He added that "everything has come up negative."

The death of Hank McWilliam, 18, was caused by acute etizolam intoxication, according to the Westchester Medical Examiner's Office. His death was ruled accidental. Etizolam is a benzodiazepine and is not authorized by the Food and Drug Administration for medical use in the United States.

The medical examiner's final report was completed May 16, but Jim McWilliam said he learned of his son's etizolam overdose months ago through a preliminary toxicology screening.

"Tom McCrossan did not have access to toxicology reports and was not authorized to disclose their results—which he did not have, anyway," he said.

McCrossan, who owns the facility along with Mark McGoldrick, declined to comment, saying he would like to "reflect" on the matter.

"I have nothing to say at this point," he said. "I have no idea what the drug (etizolam) is."

Hank McWilliam, a senior at Rye High School, was discovered the morning of Tuesday, Dec. 15, 2015, in a "state of distress," McCrossan said at the time. Police and EMTs responded to the home around 7 a.m. and resuscitated him, but the teen died six days later at the hospital.

Jim McWilliam said he still has many questions about his son's death, including where he received the etizolam.

"Where did he get it from? Who gave it to him?" McWilliam said. "When did [Constellations Recovery] first notice there was a problem with my son? What was their response when it became apparent that medically there was something wrong?"

In the yet-to-be-filed lawsuit, McWilliam said he will be demanding answers to these questions.

"Our goal is to bring attention to this very lucrative industry that depends on the good will of the people that it's serving," McWilliam said. "The people that it's serving are at tremendous risk, as you can see from what happened to my son. It's really not regulated in New York."

Constellations Recovery (formerly known as Compass Westchester) opened in Yorktown in May 2015 after a lengthy and contentious approval process. It was described as the "first luxury sober living home" in the county. The 8,470 square-foot home is able to house up to 14 residents at a time. There is one main house and two cottages on the property. House manager Devin McCrossan, Tom's son, said last year that the minimum cost for residents was $8,500 per month.

Sober homes do not offer medical or psychiatric treatment and do not require state licensing. Constellations Recovery applied for a special use permit as a "convalescent home." The permit was approved in a 3-2 vote by the Town Board on March 24, 2015.

The residents of the house, recovering drug and alcohol addicts, are unable to leave the property without supervision, according to a list of conditions the McCrossans agreed to at the time of approval. Employees of the facility transport the residents to and from work, as well as to Alcoholics Anonymous meetings. There are also on-site security cameras and residents are regularly tested for drugs or alcohol, according to the conditions.

"I think if these facilities lived up to their billings, they'd be necessary," McWilliam said.

McWilliam also took issue with Constellations Recovery's social media accounts in the days following his son's overdose. On the day his son died, the facility's Facebook account posted an update highlighting its gourmet meals.

"It didn't seem appropriate or seemly," he said.

In a December meeting with neighbors, Police Chief Daniel McMahon said the Yorktown Police Department was investigating Hank's death as a homicide. He cautioned that the homicide investigation was due to the teen's young age, which automatically makes it "suspicious." He said all suspicious deaths are initially treated as homicides until proven otherwise. Constellations Recovery was also treated as a crime scene the morning of the teen's death, he said.

McWilliam said he is unsatisfied with the police investigation because, as far as he knows, it has not yet answered the question of where his son received the etizolam.

"I'm a physician. If an 18-year-old dies under my care, there's an investigation," McWilliam said. "These guys (Constellations Recovery) have not provided any answers and they're back in business."

The Yorktown Police Department continues to investigate McWilliam's death, despite the closure of the medical examiner's report, according to Lt. Tom Gentner. It is being investigated by the Westchester Ditrict Attorney's Office and Yorktown Police Department Detective Division. Gentner declined to comment further.

"There's definitely a lack of information and it seems the only way we're going to get it is through the lawsuit," McWilliam said. "We want to make sure [Constellations Recovery] is held accountable."