Complaint: Trucker in Morgan crash hadn’t slept

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NEW BRUNSWICK, N.J. (AP) — A truck driver accused of
triggering a highway crash that injured Tracy Morgan and killed another
comedian hadn’t slept for more than 24 hours before the accident,
authorities said Monday as Morgan recovered in a hospital.
Wal-Mart
trucker Kevin Roper is expected to make an initial appearance in state
court Wednesday. It was unclear if Roper, of Jonesboro, Georgia, had
retained an attorney. He remained free after posting $50,000 bond.
Authorities
said Roper apparently failed to slow for traffic ahead early Saturday
in Cranbury Township and then swerved to avoid a crash. Instead, they
said, his big rig smashed into the back of Morgan’s chauffeured limo
bus, killing comedian James "Jimmy Mack" McNair and injuring Morgan and
three other people.
The accident occurred in a chronically
congested area of the New Jersey Turnpike where a five-year widening
project is expected to finish this year. A turnpike authority spokesman
said two of three northbound lanes had been closed about a mile ahead of
the accident for road work, which likely slowed traffic.
Spokesman
Tom Feeney said turnpike officials haven’t seen an increase in fatal
accidents in the construction area, which stretches about 35 miles.
Morgan,
a former "Saturday Night Live" and "30 Rock" cast member, was in
critical but stable condition Monday. His spokesman, Lewis Kay, said he
faces an "arduous" recovery after surgery on his broken leg.
Morgan
suffered a broken femur, a broken nose and several broken ribs and is
expected to remain hospitalized for weeks, Kay said. Morgan’s fiancee
was with him at the hospital, he said.
Roper has been charged with
death by auto and four counts of assault by auto. Under New Jersey law,
a person can be charged with assault by auto if he or she causes injury
after knowingly operating a vehicle after being awake for more than 24
hours.
According to the criminal complaint, Roper operated the
truck "without having slept for a period in excess of 24 hours resulting
in a motor vehicle accident." It doesn’t specify the basis for that
assertion.
The limo bus’ driver, Tyrone Gale, told ABC News he was disoriented after it flipped over.
"I
climbed around and heard Tracy screaming for help," Gale said. "I
climbed up on the body of the limo bus … but I couldn’t reach them."
Wal-Mart
Stores Inc. President Bill Simon said the Bentonville, Arkansas-based
company "will take full responsibility" if authorities determine its
truck caused the accident.
Wal-Mart trucks have been involved in
380 crashes in the past two years, federal data show. The crashes have
caused nine deaths and 129 injuries. Wal-Mart has 6,200 trucks and 7,200
drivers, according to the Federal Motor Carrier Safety Administration,
and they drove 667 million miles last year.
Roper’s truck was
equipped with a system designed to slow its speed and notify him of
stopped traffic ahead, a company spokeswoman said. It’s unknown if the
system was working.
The National Transportation Safety Board is
working with state police to look at any issues in the crash related to
commercial trucking and limousine safety.
Federal regulations
permit truck drivers to work up to 14 hours a day, with a maximum of 11
hours behind the wheel. The other time is usually devoted to loading and
unloading and paperwork.
Drivers must have at least 10 hours off between work shifts to sleep.
Wal-Mart said it believed Roper was operating within federal regulations.
But safety advocates said they hope the accident will help their case.
"This
is part of a systemic problem of having tired people driving at night
and driving large trucks," said Henry Jasny, vice president of Advocates
for Highway and Auto Safety.
But Dave Osiecki, vice president of
the American Trucking Association, said no regulations can prevent a
driver from making "bad choices."
Morgan, a New York City native,
was returning from a standup performance at Dover Downs Hotel &
Casino in Delaware when the crash occurred. Six vehicles were involved
in the pileup, but no one from the other cars was injured.
McNair, of Peekskill, New York, was a close friend and mentor to Morgan, Morgan’s ex-wife told the New
York Daily News.
___
Associated Press writers Joan Lowy in Washington, D.C., and Dee Ann Durbin in Detroit contributed to this
story.

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