PALM DESERT, Calif. -

The Riverside County District Attorney's Office has decided to file charges against the man who crashed at a Palm Desert elementary school, injuring a student last October. 

Malcolm Patterson, 83, seriously injured 10-year-old Adrian Grajeda in the crash at Lincoln Elementary School. Adrian was playing on a soccer field when Patterson's car crashed through the fence.

Police said Patterson hit is accelerator instead of the break.

The debris from the crash forced the amputation of Adrian's leg below the knee. 

The sheriff's department said Patterson had alcohol in his system at the time of the wreck. The department, and now the district attorney's office, is recommending a DUI charge although Patterson was below the legal limit.

D.A. spokesman John Hall said Patterson's charges also include an enhancement for causing great bodily injury. But, official charges are still pending as the district attorney's office awaits a judge to add a bench warrant for Patterson.

Patterson's license was suspended after the crash at Lincoln Elementary School.

At the beginning of May, 2014, Adrian received a prosthetic leg that allows him to run. He's kept a positive mentality throughout the whole ordeal and is very happy to return to the soccer field.