According to investigators, an off-duty Montgomery County (web|news) police officer was driving 26 miles per hour over the speed limit when he hit Luis Jovel Junior back in April in Clarksburg, breaking the boys neck.

New information shows that if Officer Jason Cokinos had been driving at the speed limit, he would not have hit the 12-year-old boy. The speed limit on Stringtown Road is 30 miles per hour. The collision team report said Cokinos was going 56 miles per hour right before his police cruiser hit Luis Jovel.

"He should have been aware that there's children playing, children in this neighborhood period and that people walk and exercise and everything," said Ariel Delon.

Ariel, who works with Jovel's family, said the 12-year-old is still in rehab and is dealing with some brain damage from the crash in April. The incident happened in front of Jovel's house near Needle Driver in Clarksburg, Md. The officer was off-duty at the time.

"My parents go to visit him. He's doing much better. But it's going to be a while before he comes home," said Ariel.

The report also said the 23-year-old officer told investigators, "I thought the speed limit was 40 miles per hour in that area" and "I thought I was traveling the speed limit." The report said Jovel was illegally in the road. Investigators concluded the crash would not have happened if the officer wasn't speeding.

"The department will look at these circumstances, but we have to wait until everything is concluded in the court system before we can begin any administrative investigation," said Lt. Paul Starks.

A police spokeswoman says no charges have been filed against Officer Jason Cokinos and that he is back on the job. She says Cokinos has received two traffic citations.