Published: Jun 11, 2013 10:42 PM EDT
Updated: Jun 11, 2013 11:48 PM EDT

FORT MYERS, FL--An FHP Trooper is now blamed for causing a crash that killed an unborn child in February. But Trooper Gustavo Reyes won't face criminal charges.

An investigation found he was reading an email while behind the wheel.

Tuesday evening, Crystal McClure arrived home from the hospital after surgery to repair her foot.

It's just one of the many serious injuries she's recovering from since the February crash.

"I can't walk or anything, I cant take care of my son without help," she said.

A newly released FHP report says Trooper Gustavo Reyes faces a careless driving charge.

The report says Trooper Reyes smashed his cruiser in to the back of the McClure's Jeep down I75.

Both Crystal and her husband, Christopher, were thrown from their vehicle.

Their one year old son was also hurt and the impact killed her unborn child.

"I will never get over losing him. I just have to keep his memory alive," said McClure.

The report revealed Trooper Reyes was driving between 79 and 88 miles per hour and was distracted by his computer.

It says he checked his email just moments before the crash.

FHP will now need to decide if he needs to be reprimanded.

"At the conclusion of the investigation we will determine if there is any information on policy violation," said FHP Lt. Greg Bueno.

Crystal feels because Reyes is a Trooper,  he is getting off easy.

"I think that if it was one of us or an ordinary person we would be in jail," she said.

But no matter the outcome, the family is thankful to still have each other.

"I probably wouldn't be here today if it wasn't for them," said Christopher McClure.

"We have grown a lot closer since the accident," said Crystal McClure.

Right now Trooper Reyes is still working for Florida Highway Patrol, but is on desk duty.

The McClure family's attorney says the family will possibly receive money from an insurance claim.

If they can't settle, the family will consider suing the florida highway patrol.