Complaint: Trucker in Morgan crash hadn't slept

Written by Associated Press | New Jersey | Updated: Jun 10 2014, 10:42am hrs
A truck driver accused of triggering a highway crash that injured Tracy Morgan and killed another comedian hadn't slept for more than 24 hours before the accident, authorities said Monday as Morgan recovered in a hospital.

Wal-Mart trucker Kevin Roper is expected to make an initial appearance in state court Wednesday. It was unclear Monday if Roper had retained an attorney. He remained free after posting $50,000 bond.

Authorities said Roper apparently failed to slow for traffic ahead early Saturday and swerved at the last minute to avoid a crash. Instead, they said, his big rig smashed into the back of Morgan's chauffeured limo bus, killing comedian James ''Jimmy Mack'' McNair and injuring Morgan and three other people.

The accident occurred in a chronically congested area of the New Jersey Turnpike where a five-year widening project is expected to finish this year. A turnpike authority spokesman said two of three northbound lanes had been closed about a mile (1.6 kilometers) ahead of the accident for road work, which likely caused the traffic to slow.

Morgan, a former ''Saturday Night Live'' and ''30 Rock'' cast member, remained in critical but stable condition Monday. His spokesman, Lewis Kay, said he faces an ''arduous'' recovery after surgery to repair his broken leg.

Morgan suffered a broken femur, a broken nose and several broken ribs and is expected to remain hospitalized for several weeks, Kay said. Morgan's fiancee was with him at the hospital, he said.

Roper has been charged with death by auto and four counts of assault by auto. Under New Jersey law, a person can be charged with assault by auto if he or she causes injury after knowingly operating a vehicle after being awake for more than 24 hours.

According to the criminal complaint, Roper was operating the truck ''without having slept for a period in excess of 24 hours resulting in a motor vehicle accident.'' It doesn't specify the basis for that assertion.

The limo bus' driver, Tyrone Gale, told ABC News that he was disoriented after it flipped over.

''I climbed around and heard Tracy screaming for help,'' Gale said. ''I climbed up on the body of the limo bus ... but I couldn't reach them.''

Wal-Mart Stores Inc. President Bill Simon said the Bentonville, Arkansas-based company ''will take full responsibility'' if authorities determine its truck caused the accident.

Morgan, a New York City native, was returning from a standup performance at Dover Downs Hotel & Casino in Delaware when the crash occurred. Six vehicles were involved in the pileup, but no one from the other cars was injured.

McNair was a close friend and mentor to Morgan, Morgan's ex-wife told the New York Daily News.