There are new developments in Sunday’s fatal accident between a church bus and a pickup truck on Ross Clark Circle.

Police say Crystal Finnegan, the driver of the pickup truck, told them she had her cruise control set to 75 miles per hour, in a 50 mile an hour zone.

She and her two sons were injured in the crash; her eldest son died on Monday.

Police are now treating this as a criminal case.

The father of the two boys drove to Dothan from New Mexico to be with his surviving son.

As you can imagine, this accident has left the entire family devastated.

There is new information today; first of all, the boys don't live in Columbus, Georgia.

Their father, who's in Dothan, has custody of Rippen and Brody Upton.

They were visiting their mother in Georgia, and at the time of the accident, the mother and her two children were coming back from spending time at the beach.

It seemed like a nightmare, but it was a reality for Wendell Upton.

He received a phone call on Sunday every parent dreads.

His two sons were critically injured in an accident, and one wasn't going to make it.

"A nurse called me; a nice lady named Brenda. She let me know my little boy wasn't going to make it through the night. And that the other one was in critical condition, and she let me talk to him on the phone," Wendell said.

A major traffic accident in Dothan involving a pick up truck and a church bus killed 11-year-old Rippin Upton and left his 9-year-old brother Brody in critical condition.

"She called me close to midnight and let me know he passed and that’s how I had to say goodbye," Wendell continued.

That’s when Wendell rushed from New Mexico to Dothan so that he could be by his other son's side.

Brody remains at the Southeast Alabama Medical Center in a comatose state.

Family members back in New Mexico are praying for his recovery.

"Just pray. That’s all,” Wendell pleaded. “We need all the help we can get, and Rippen fought with everything that he had. He fought and he fought and little Brody needs everybody's prayers and he'll get through it."

The entire situation is tough for Wendell Upton to absorb, let alone talk about.

Upton's current wife in New Mexico did tell us that there is a possibility the family will press charges against the boys' mother, Crystal Finnegan.