Driver in crash that injured Tracy Morgan will seek dismissal in court

NEWARK, N.J. -- The truck driver who slammed into a limo carrying Tracy Morgan, killing one man and severely injuring the comedian, will ask a judge next week to throw out criminal charges against him.

See Full Article

Kevin Roper was driving a Wal-Mart truck in June 2014 when he crashed into Morgan's limo van. The former "30 Rock" and "Saturday Night Live" star suffered brain trauma, broken ribs and a broken leg, and his friend James McNair was killed. Two other passengers also suffered serious injuries.

Within days, Roper was charged in state court with one count of death by auto and four counts of assault by auto, though as of Friday he hadn't been indicted, said his attorney, David Glassman.

Glassman told The Associated Press he will ask a judge in Middlesex County on Tuesday to dismiss the case because Roper is unable to get a fair trial because of negative publicity surrounding Morgan's federal lawsuit against Wal-Mart.

Morgan settled with Wal-Mart this summer for an undisclosed amount. Roper wasn't a defendant in that lawsuit, but he filed motions in federal court seeking to have it delayed until after his criminal case was resolved. Those motions were rejected.

"Civil cases are routinely stayed for criminal cases to proceed," Glassman said in an email. "Had that occurred and a stay issued in the civil case, a tsunami of negative pretrial publicity would have been avoided and Roper's right to a fair trial would have been preserved."

Glassman also criticized the Middlesex County prosecutor's office for not stepping in and seeking a stay in the federal lawsuit.

"A prosecutor can't stand by while this occurs, and then seek to cash in by way of a speedy plea or conviction," he said.

A spokesman for the Middlesex County prosecutor's office did not immediately respond to an email seeking comment Friday.

A National Transportation Safety Board investigation concluded in August that Roper hadn't slept during the previous 28 hours and failed to slow down immediately before the crash, despite posted warning signs on the New Jersey Turnpike in Cranbury.

The board also said the failure of Morgan and other passengers in the limo van to wear seat belts and adjust headrests contributed to the severity of their injuries.

Glassman told the AP at the time the report was released that the NTSB did not have all the facts since it did not speak to Roper. He called the assertion that Roper had gone without sleep for more than 28 hours "factually wrong."



Advertisements

Latest Entertainment News

  • Pacific Rim, Kingsman sequels among Comic-Con trailers

    Entertainment CTV News
    Among the first flurry of trailers out of San Diego Comic-Con 2017, "Bright" sees a magic wand wreak havoc in modern-day Los Angeles, machines prepare to battle monsters in "Pacific Rim: Uprising," a lost notebook wields power over the living in "Death Note," sharp-witted and sharply dressed spies do battle in "Kingsman: The Golden Circle," superheroes square off over their territory in "The Defenders," and Superman's origin story is to be told in "Krypton. Source
  • Country singer Scotty McCreery cited for handgun at airport

    Entertainment CTV News
    RALEIGH, N.C. - Country singer Scotty McCreery has been cited after authorities say he had a loaded handgun with him in Raleigh-Durham International Airport. Authorities told local media organizations that they found a loaded 9 millimeter handgun in McCreery's backpack at a security checkpoint on July 13. Source
  • 'Home Alone' dad John Heard dead at 72

    Entertainment Toronto Sun
    Home Alone star John Heard has died at the age of 72. Police were called to a Palo Alto, California hotel on Friday to investigate a report of a medical emergency, but the actor was pronounced dead at the scene, according to TMZ.com. Source
  • 'Twin Peaks' cast discusses the mystery of David Lynch

    Entertainment CTV News
    SAN DIEGO (AP) -- Judging by the "Twin Peaks" panel at Comic-Con, solving the mystery of David Lynch seemed more pressing than the mystery of where the show is going. The 18-episode revival of the '90s show is currently airing on Showtime. Source
  • Kaley Cuoco once wounded after 'The Big Bang Theory' prank went wrong

    Entertainment Toronto Sun
    Actress Kaley Cuoco once ended up requiring stitches to her head after a prank on the set of The Big Bang Theory went awry. The blonde star, who portrays Penny, joined her castmates at San Diego Comic-Con on Friday to share some of their favourite memories from their time on the show so far, and during the panel, fans were treated to an old blooper from an earlier season. Source
  • 'I didn't want to feel like a victim'; Charlize Theron opens up about mother killing abusive father

    Entertainment Toronto Sun
    Charlize Theron didn’t want people to feel sorry for her after her mom killed her alcoholic father in self-defence. The Monster actress, who saw her mother Gerda fatally shoot her father Charles when she was just 15-years-old, has opened up about the dark period of her life in a new interview with U.S. Source
  • Game of Thrones’ Sophie Turner says Sansa is ‘woke now’

    Entertainment Toronto Sun
    SAN DIEGO — Sansa Stark is woke now, Alfie Allen has a cute dog and everyone got sick of answering all those questions about whether Jon Snow was dead or alive, but little else was revealed at the annual “Game of Thrones” panel at San Diego Comic-Con on Friday. Source
  • Ben Affleck being 'ushered out' as Batman?

    Entertainment Toronto Sun
    Ben Affleck’s future as the Dark Knight might be coming to an end. The Oscar-winner is due at San Diego’s Comic-Con to trumpet his appearance in Justice League, which will be released this fall. But according to the Hollywood Reporter, Warner Bros. Source
  • Beyonce wax figure gets a makeover after fans say it's too white

    Entertainment CTV News
    NEW YORK -- A wax figure of Beyonce at Madame Tussauds in New York has been given a makeover after fans of the megastar said the figure was too white. The wax Beyonce sported wavy blond hair and appeared to be thinner and lighter-skinned than the "Lemonade" singer in real life. Source
  • Celine Dion unleashes her flamboyance in campy Vogue video

    Entertainment CTV News
    Celine Dion has always had a flair for the wacky. From professions of love for Kermit the Frog to unpredictable arm dancing to her emotional advice to rescue crews after Hurricane Katrina (“Take a kayak!”), the 49-year-old Quebec diva has a reputation for endearingly strange behaviour. Source