The Walmart truck driver charged in the fatal highway crash that also injured comedian Tracy Morgan is expected to make his initial court appearance on Wednesday. He is facing charges of death by auto and assault by auto.
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Kevin Roper was driving a Walmart truck on Saturday morning when he struck Morgan’s limo. 63-year-old comedian James McNair, who performed as Jimmy Mack, was killed in the accident, while two other passengers were also seriously injured, according to the Associated Press.
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The criminal complaint alleges that the 35-year-old Roper, of Jonesboro, Georgia, had been awake for more than 24 hours before the accident. Walmart said in response that it believes he was in compliance with federal safety regulations for truck drivers.
The 45-year-old Morgan has been listed in critical, but stable condition. He has undergone surgery for his broken leg, and also sustained a broken femur, a broken nose and several broken ribs, according to his representatives.
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Citing the ongoing criminal investigation, a spokesperson for Walmart said they couldn’t say where Roper’s trip originated, or where he was headed at the time of the accident, according to the Associated Press.