The Walmart driver whose truck crashed into six cars — including one carrying Tracy Morgan and his entourage — on the New Jersey Turnpike last year wants the charges against him dismissed because he doesn't think he'll get a fair shake in court.
Attorney's for Kevin Roper claim that all the negative press that came out of the incident, including Morgan's settlement with Walmart after he filed a federal lawsuit against the company, would make it impossible for Roper to get an unbiased trial.
"Civil cases are routinely stayed for criminal cases to proceed," Roper's attorney David Glassman says. "Had that occurred and a stay issued in the civil case, a tsunami of negative pretrial publicity would have been avoided and Roper's right to a fair trial would have been preserved."
Roper was charged in state court with one count of death by auto and four counts of assault by auto, though as of Friday he hadn't been indicted. The crash killed Morgan's close friend James McNair and nearly cost Morgan his own life. The comedian made a triumphant return to the stage at this year's Emmy Awards after nearly a year of physical therapy and rehabilitation.
Watch Tracy Morgan's Emmy speech in the video below.
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(Photos from left: Dave Kotinsky/Getty Images, Robin Marchant/Getty Images for Tribeca Film Festival)