A boy injured in last month's fatal accident involving a church bus and a pick up truck was flown to New Mexico to continue his recovery.

Nine-year-old Brody Upton was visiting his mother, Crystal Finnegan, who was driving the pickup truck involved in the wreck.

Officials say Finnegan admitted to having her cruise control set at 75 in a 50 mile per hour zone.

The case has been treated as a criminal investigation.

Dothan Police Department Traffic Officer Sergeant Tim Ward says they are waiting for medical test results. The matter will be then be discussed with District Attorney Doug Valeska.

The case will likely end up before a Houston County grand jury, decide if Finnegan should be indicted.