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Walmart Driver in Tracy Morgan Crash Asks for Criminal Charges to be Dismissed

Kevin Roper files for dismissal of assault by auto and death by auto charges

The driver of the Walmart truck involved in the June 2014 crash that left actor-comedian Tracy Morgan seriously injured and another man dead wants the charges against him dismissed.

Kevin Roper, who the National Transportation Safety Board found responsible for the crash, has filed for a dismissal of the charges of assault by auto and death by auto, according to legal documents obtained by TheWrap on Tuesday. Roper previously pleaded not guilty to both charges.

A date for the motion to dismiss has not been set, Roper’s attorney David Jay Glassman told TheWrap. His legal team is currently evaluating whether to seek sanctions in the New Jersey Federal District Court for violating the Court’s Order sealing the terms of the settlement with Walmart, claiming that this is the second violation of its kind.

Investigators concluded last month that Roper, from Clayton County, Georgia, had been awake for 28 hours prior to the accident. They also said that Roper was traveling at 65 MPH prior to the accident, and could have prevented the crash if he had been driving 45 MPH, the speed limit where the crash occurred. Roper’s truck was traveling between 47 and 53 MPH when it collided with the limo, investigators said.

In the court documents filed at Middlesex County Superior Court in New Jersey, Roper claimed that he won’t get a “fair trial” or “impartial jury” because of the “extensive national media coverage” surrounding the incident.

“In high profile cases, the Prosecutor’s Office has a duty to act as a lighthouse that protects against potential violations of an accused’s rights and preserve the delicate balance inherent in our criminal justice system,” the lawsuit states. “They are not a mere bystander charged with cleaning up violations after they occur.”

Morgan, 46, settled a lawsuit against Walmart in May. The conditions of the settlement were confidential.

Pamela Chelin contributed to this report.