Late Tuesday afternoon, the Dothan Police Department announced they're now treating their investigation into Sunday’s tragic accident as a criminal case.

Crystal Finnegan, the woman driving the pickup truck that ran into the church bus told police her cruise control was set on 75 miles an hour, in a 50 mile an hour zone.

She and her two sons were seriously injured; her eldest boy died Monday.

Tuesday afternoon, News 4 spoke exclusively to the father and the step uncle of the two boys.

The two boys in the pickup truck are not from Columbus, Georgia as was originally reported.

Their father in New Mexico has custody; they were visiting their mother for two weeks of their summer vacation when the accident happened.

The boys' father is now in Dothan, and their family in New Mexico is in mourning.

"It’s the worst call you can get; someone saying someone in your family was killed in an automobile accident. Luckily, nobody in the church bus was killed," said Earl Freeman, the victim's step uncle.

Freeman lost one of his closest friends, his nephew, 11-year-old Rippen Upton.

Rippen died early Monday morning after being in a car accident in Dothan.

Earl, being hundreds of miles away, feels helpless.

"Most of the family is in New Mexico and we need to do what we can to get Rippen back here with family to bury him in New Mexico. He’s from New Mexico, he loves the outdoors, he loves fishing with his uncle, and hunting; he and his dad have a great father son bond," Freeman said.

Meanwhile, Rippen's brother, 9-year-old Brody is clinging to life at the Southeast Alabama Medical Center.

Wendell Upton, the boy's father traveled from New Mexico to be by his son's side.

He says that he can feel his son squeeze his hand.

"He hears things but he can't put them together. When you tell him to do something he doesn't know how, but he makes movements to try, so we are in a waiting process," Upton said.

Wendell Upton is asking everyone to pray for his surviving son, Brody.

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.

We will continue to follow this story and update you on developments in the police investigation.