Is the following scenario valid?

1. Some unhonest segwit mining pool takes top-1000 segwit utxo and mines a block at height N with a transaction which transfers all funds to his p2pkh address
2. This block does not have segwit data portion, but it can be broadcasted to all non-segwit nodes on the network
3. All other pools have a dilema - wait the segwit data associated with this block or start mining block N+1 on the top of N
4. What if miners will use SPV-mining on the top of this block? They will create blocks at heights N+1, N+2... etc without checking the segwit-validity of block N