He is clearly a black pinto. No doubt about that as that is the typical mousy black color of a new born foal. But, he could have inherited the cream gene as he has a 50% chance of that happening. If he did, then he would be a smokey black pinto. The only way to know for sure is to get him tested, or to wait until he sires a foal that is a dilute out of a non-dilute mare, or he sires a double dilute.