The Walmart truck driver involved in the limo crash that severely injured Tracy Morgan and killed his friend and fellow comedian James "Jimmy Mack" McNair has been indicted by a New Jersey grand jury, THR reports. Kevin Roper was charged with first-degree aggravated manslaughter, second-degree vehicular homicide, and third-degree aggravated assault in the fatal 2014 crash.
Earlier this week, Roper's attorney attempted to argue that a previous settlement between Walmart and Morgan unfairly influenced his client's chances at a fair trial. Roper, who was not present at Wednesday's hearing, will reportedly have an arraignment "at a later date."
According to a National Transportation Safety Board investigation cited by THR, Roper had been awake for 28 straight hours prior to the crash. The same investigation also noted that Morgan and other limo passengers had failed to use their seat belts, which the board concluded "contributed to the severity of their injuries."
Morgan made his triumphant return to Saturday Night Live back in October with some help from his old 30 Rock pals Alec Baldwin and Tina Fey, just days after hitting the stage at the Comedy Cellar in New York for the first time since the tragic accident. The storied comedian will next appear alongside Ice Cube and Charlie Day in the comedy Fist Fight, set for release next year.