Follow CBSDFW.COM: Facebook | Twitter

NORTH TEXAS (CBS 11 NEWS)There are major new developments in a case involving the tragic death of a North Texas firefighter who was killed along with his two children last week.

Sources tell CBS 11 News the male driver of the van who killed Nevada volunteer fire Captain Peter Hacking and his kids did not have a driver’s license and will be charges with Criminally Negligent Homicide when and if he recovers from critical injuries.

KRLD’s LP Phillips confirmed with ICE on Tuesday evening that the driver is in the country illegally.

According to ICE, Margarito Quintero entered in the country in 2006 & was deported in 2008.

ICE had not contact with Quintero until the accident last week.

Captain Hacking, his four-year-old stepdaughter Ellie and 22-month-old son Grayson died on Highway 78 in Lavon, after being hit head on. The 36-year-old firefighter left behind a widow, a 9-year-old son and four stepchildren.

In their first interview since the crash, fellow Nevada firefighters say Hacking was known for always wearing a smile and ready with a joke if anyone needed one the small Collin County community.

“He was a great family man, that was first, family was first always and his fire department family,” said firefighter Amy Cortez.

Funeral services for captain Hacking and his children will be held on Saturday.

Friends and workers at the Nevada volunteer fire department, which also serves Lavon, have set up a fund in his name at Independent Bank.

(©2016 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)