Kevin Roper, 35, of Georgia, has asked a Superior Court judge to drop the charges of assault by auto and death by auto, because he doesn't believe he'll get a fair trial, according to an ABC News report
NEW BRUNSWICK -- The former Wal-Mart truck driver accused of causing the crash last year that injured comedian Tracy Morgan and killed another man is reportedly looking to dismiss his criminal charges.
Kevin Roper, 35, of Georgia, has asked a Superior Court judge to drop the charges of assault by auto and death by auto, because he doesn't believe he'll get a fair trial, according to an ABC News report.
In court filings, Roper's attorney, David Jay Glassman, claimed his client would not be able to get an "impartial jury" in light of the extensive media coverage, civil settlements in the case and a recent report on the accident by the National Transportation Safety Board, according to the report.
"No system of justice can rightfully call itself just - if it operates in an atmosphere where the state is unwilling to protect the accused who appears before them, prior to a jury trial," according to court documents filed by Glassman, the report states.
"No accused can receive a fair trial, or any other due process requirements, if the criminal justice system under which an accused is tried leaves him at the mercy of the press."
The report states that Glassman told ABC News in a statement: "Mr. Roper had a right to have his case decided by a jury not a mob in the street fueled by media reports innuendo and speculation."
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The June 7, 2014 crash occurred on the New Jersey Turnpike near Exit 8A in Cranbury, when Roper crashed his tractor-trailer into a limo bus carrying Morgan and others. The collision set of a chain reaction collision that eventually involved six vehicles and 21 people.
Fellow comedian James "Jimmy Mack" McNair, who was riding in the limo bus with Morgan, died in the crash.
Last month, the federal safety board attributed the crash to driver fatigue. The board noted that Roper had not slept for more than 28 hours, in part because he drove 800 miles overnight from his home in Georgia to a Wal-Mart distribution center in Delaware before getting behind the wheel of the truck.
A former star of TV shows "Saturday Night Live" and "30 Rock," Morgan, who is still recovering from injuries sustained in the accident, settled a lawsuit against Wal-Mart over the crash earlier this year. McNair's family also has settled its lawsuit against the retailing giant, according to reports.
Morgan is set to host "Saturday Night Live on Oct. 17.
In a previous statement about the settlement, Morgan's attorney, Benedict Morelli, said: "Wal-Mart took full responsibility for the accident, which we greatly appreciate."
But according to the ABC News report, Roper's attorney said that statement further hurts his client's case.
Before the settlement was reached, Roper's attorney had asked a federal judge to stall Morgan's lawsuit, saying publicity surrounding the crash is threatening Roper's right to a fair trial. But the judge denied that request.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.