An illegal alien who hit a Texas firefighter head-on and killed him and his four-year-old stepdaughter and 22-month-old son will be charged with criminally negligent homicide if he recovers from his critical injuries.

The man did not have a drivers license and was in the country illegally, according to the CBS affiliate for Dallas/Fort Worth. He first came to the U.S. in 2006 but was deported in 2008.

L.P. Phillips of KRLD radio in Dallas spoke to ICE (U.S. Immigration and Customs Enforcement) officials who verified that Margarito Quintero was an illegal alien.

#BREAKING@ICEgov says driver of van that killed NTX fire fighter and 2 kids was illegal immigrant. @KRLD — L.P. Phillips (@lpphillips) April 5, 2016

CBS DFW reported that ICE officials had no contact with Quintero until the accident.

Section 19.05 of the Texas Penal Code provides that “A person commits an offense if he causes the death of an individual by criminal negligence.” This offense is a state jail felony.

The North Texas volunteer firefighter, Captain Peter Hacking was hit head-on by Quintero. The 36-year-old father leaves a wife, a son, and four stepchildren.

“He was a great family man, that was first, family was first always and his fire department family,” firefighter Amy Cortez told the CBS affiliate. Captain Hacking was reported to always have a smile and be ready for telling a joke. He lived with his children in Nevada, a small community in Collin County. The volunteer fire department protects both the Nevada and Levon communities. A fund has been set up for the family at the Independent Bank. A gofundme account has also been established to assist his widow and their surviving children.

The funerals for Captian Hacking and his two young children will be held this Saturday.

Lana Shadwick is a writer and legal analyst for Breitbart Texas. She has served as an associate judge and prosecutor in Texas. Follow her on Twitter @LanaShadwick2