A Wal-Mart truck driver involved in the fatal car crash which left comedian Tracy Morgan seriously injured will be hoping for a Christmas miracle as his lawyer seeks to have his criminal charges dismissed.
Kevin Roper faces one criminal count of death by auto and four counts of assault by auto relating to the horrific accident in New Jersey in June, 2014, when his Wal-Mart truck collided with the "30 Rock" star's limousine, killing Morgan's friend James McNair, according to The Hollywood Reporter.
Roper, who insists he is innocent, has yet to be indicted on the charges and now his attorney David Glassman is preparing to head to court on Tuesday, when a judge will decide on whether or not to dismiss the case.
Glassman maintains his client will never be able to get a fair trial due to the negative publicity surrounding the accident, especially as Morgan sued Wal-Mart bosses for negligence shortly after the crash and settled earlier this year for an undisclosed amount.
Roper had previously attempted to delay the civil proceedings until after his criminal case was resolved.
In August, National Transportation Safety Board investigators claimed Roper had been awake for 28 hours in the lead up to the accident, and had failed to slow down for construction work on the New Jersey Turnpike due to his lack of sleep.
However, Glassman has cast doubt on the accuracy of the NTSB officials' findings as he alleges they never even spoke to Roper, while he said the lack of sleep findings are "factually wrong".
