Truck Driver in Tracy Morgan Crash Hoping to Have Criminal Case Dismissed

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Courtesy of WENN Newsdesk

A Wal-Mart truck driver involved in the fatal car crash which left comedian Tracy Morgan seriously injured will be hoping for a Christmas miracle as his lawyer seeks to have his criminal charges dismissed.

Kevin Roper faces one criminal count of death by auto and four counts of assault by auto relating to the horrific accident in New Jersey in June 2014, when his Wal-Mart truck collided with the 30 Rock star’s limousine, killing Morgan’s friend James ‘Jimmy Mack’ McNair.

Roper, who insists he is innocent, has yet to be indicted on the charges and now his attorney David Glassman is preparing to head to court on Tuesday, when a judge will decide on whether or not to dismiss the case.

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Glassman maintains his client will never be able to get a fair trial due to the negative publicity surrounding the accident, especially as Morgan sued Wal-Mart bosses for negligence shortly after the crash and settled earlier this year for an undisclosed amount.

Roper had previously attempted to delay the civil proceedings until after his criminal case was resolved.

In August, National Transportation Safety Board investigators claimed Roper had been awake for 28 hours in the lead up to the accident, and had failed to slow down for construction work on the New Jersey Turnpike due to his lack of sleep.

However, Glassman has cast doubt on the accuracy of the NTSB officials’ findings as he alleges they never even spoke to Roper, while he told the Associated Press the lack of sleep findings are “factually wrong.”

Morgan recently opened up about the moment he woke up from his coma after the accident, revealing he was blind for a week.

“I don’t remember any of it (the accident),” he told Barbara Walters for her “10 Most Fascinating People of 2015” TV special, which aired Thursday. “And my doctor said, ‘You don’t want to remember any of it.’ But when I first came out of the coma, I was blind for a week.”

Morgan, who suffered head trauma and a broken leg and ribs, spent five months in a wheelchair and underwent intensive physiotherapy to get him back on his feet.

Comedian McNair’s relatives previously accepted a $10 million payment from Wal-Mart bosses to settle their wrongful death suit.

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