Three children, who are believed to have been in the vehicle, are still missing.
Police said the SUV that careened off a California highway Wednesday with a family of eight inside was going 90 mph.
Investigators still do not have evidence that the crash was a deliberate act, but California Highway Patrol investigators are working on the belief that "a felony has been committed," reports said.
The type of felony was not specified.
Crews were searching for Devonte Hart, the child captured in a viral photo hugging a police officer at a rally in response to the lack of charges filed against the officer who fatally shot Michael Brown in Ferguson, Mo., in 2014.
His adoptive sisters — 16-year-old Hannah Hart and 12-year-old Sierra Hart — were also missing after the family’s car plummeted off a cliff near Mendocino on March 26.
They are now presumed dead.
The children’s adoptive parents, Jennifer and Sarah Hart, along with their three other siblings, died in the crash, police said.
"We have every indication to believe that all six children were in there, however only three bodies have been recovered," Sheriff Tom Allman said at a press conference Wednesday. "The best news that we can say is that three of these victims were left with friends and they were not even in the car at the time it went over the bay... Did we have six kids in the car or did we have three kids as it came on Highway 1? We don’t know the answer."
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