Tracy Morgan Crash: Prosecutor Says Trucker Hadn't Slept in More Than 24 Hours

8:18 AM PST 06/09/2014 by The Associated Press
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Tracy Morgan

Kevin Roper is due to appear in court Wednesday following the accident that killed comedian James "Jimmy Mack" McNair.

TRENTON, N.J -- The Wal-Mart truck driver from Georgia accused of triggering a crash in New Jersey that critically injured Tracy Morgan and killed another comedian had not slept for more than 24 hours.

The information about 35-year-old Kevin Roper's lack of sleep is contained in a criminal complaint.

STORY: Tracy Morgan in Critical Condition After 6-Car Crash 

A court administrator says Roper will face an initial court appearance Wednesday.

Roper has been charged with death by auto and four counts of assault by auto.

Authorities say Roper apparently failed to slow for traffic early Saturday and swerved to avoid a crash. His rig smashed into the back of Morgan's Mercedes limo bus, killing comedian James "Jimmy Mack" McNair.

STORY: Tracy Morgan to Remain Hospitalized for 'Several Weeks'

Morgan's publicist said Sunday that the 45-year-old actor and comedian remained in critical condition and was "more responsive."

"While Tracy remains in critical condition, he has been more responsive today, which is an incredibly encouraging sign," said rep Lewis Kay in a statement. "He sustained a number of injuries, including a broken leg, a broken femur, a broken nose and several broken ribs. He had surgery earlier today on his leg. We expect him to remain in the hospital for several weeks. His family is tremendously overwhelmed and appreciative of the outpouring of love and support from his fans."

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