Prosecutors filed felony charges on Wednesday against an immigrant illegally living in the US who is suspected in a drunk driving crash that killed Indianapolis Colts linebacker Edwin Jackson and an Uber driver.

Donald Trump drew added attention to the case on Twitter, calling the highway collision that killed Jackson and Monroe “disgraceful”. The president also prodded Democrats to work with him on illegal immigration and border security.

Donald J. Trump (@realDonaldTrump) So disgraceful that a person illegally in our country killed @Colts linebacker Edwin Jackson. This is just one of many such preventable tragedies. We must get the Dems to get tough on the Border, and with illegal immigration, FAST!

Marion County Prosecutor Terry Curry criticized Trump’s comments, saying his office would “vigorously prosecute” the fatal crash case regardless of whether Orrego-Savala was in the country illegally.

“We are disheartened that ghoulish and inappropriate public commentary has politicized this tragedy,” the Democratic prosecutor said in a statement. “Much of such commentary, including tweets by the president, fails to acknowledge that both Edwin Jackson and Jeffrey Monroe lost their lives on Sunday. We will simply seek justice on behalf of the families of those two victims.”

Manuel Orrego-Savala, who is from Guatemala and has twice been deported from the US, is charged with causing death while driving intoxicated and leaving the scene of an accident. The 37-year-old said little during his initial court hearing, responding through an interpreter as the judge explained the proceedings and charges.

Donald Trump uses death of Colts' Edwin Jackson to attack illegal immigrants Read more

“He’s very distraught to say the least,” said his lawyer, Jorge Torres. “He’s very confused.” Indianapolis television station WRTV reported that Orrego-Savala told the judge through an interpreter: “I wasn’t driving the car. I don’t know why I am here.” Police did not mention the presence of anyone else in his vehicle.

Investigators said Orrego-Savala was driving the pickup truck that hit Jackson and his Uber driver, 54-year-old Jeffrey Monroe, while the men were standing outside Monroe’s car early Sunday along Interstate 70. Court documents allege a blood test conducted at a hospital determined Orrego-Savala had a blood-alcohol level of 0.19 percent, more than double Indiana’s legal limit for driving. The two most serious charges each carry maximum sentence of up to 20 years in prison.

Orrego-Savala was deported in 2007 and 2009, and was again living illegally in the US at the time of the crash, according to investigators. He was charged late Tuesday by federal prosecutors with illegal reentry of a previously deported alien. He faces up to 10 years in prison on that charge, which the US attorney’s office said would be handled after any state charges are resolved.

A spokesman for Jackson’s family has said his relatives are devastated and planned no response to Trump’s tweets.

Orrego-Savala had a 2005 conviction for driving under the influence in Redwood City, California. He also has numerous other misdemeanor convictions and arrests in California and Indiana, according to US Immigration and Customs Enforcement spokeswoman Nicole Alberico.