An ice cream truck driver has been charged with four fireworks-related offenses for allegedly selling sparklers to a young boy who was badly burned.

The driver, who was not identified, was arrested Tuesday on charges of possessing and selling prohibited fireworks, selling fireworks without a permit, selling fireworks on public property and selling fireworks without insurance.

The driver allegedly sold cold treats and sparklers--simultaneously-- out of the truck.

Fire investigators believe the fireworks ignited the boy's shirt, causing serious burns to 45 percent of his body.

"They were sparkling devices not listed on county's approved list for fireworks, therefore prohibited fireworks," said Chief Fire Marshal Keith Bower.

Nine-year-old Kevin Portillo and his friends say they were using a candle to light the sparklers Monday evening, when his shirt caught fire. Portillo was transported to the burn unit at Children's Hospital Monday evening around 8:30 p.m. 

Kevin's friends aren't sure whether it was the candle being used to ignite or the sparkler that caused the burns, but they do know somehow Kevin's shirt caught fire.

"And he said somebody help me! And a whole lot of people came over there on the other side," said Justin Desousa, Kevin's friend. "They told me that my brother was on fire and I couldn't believe it," said Jose Portillo.

"He got burned and his skin came off and his mom came for him," said Justin.

Kevin's father, Antonio Portillo, came home after the ambulance had arrived and quickly heard just how extensive his son's burns were. "Everything, his shoulders, his face, his chest, all burned. All burned," he said.

Kevin sustained second-degree burns to 45 percent of the upper body and arms and his family says this could have been prevented.

Family friend, Barbara Davila said justice needs to be served, "He should have realized he shouldn't have done that, but that's besides the point right now. The point is the person who sold it to him should be brought to the table and find out what she was thinking about."

When Justin was asked what he thought of the fireworks after the incident, he said, "Not good. It's not good for little people."

Kevin Portillo is still under care at Children's Hospital, but may be transported to a burn unit in Boston.

The accused ice cream truck driver was arrested and charged with misdemeanors. Therefore, the driver could be back in the truck and back in the neighborhoods at any time. Investigators say they will be in the neighborhood advising residents to be careful what they buy.