NEW BRUNSWICK, N.J. — The Wal-Mart truck driver from Georgia accused of triggering a crash in New Jersey that critically injured Tracy Morgan and killed another comedian had not slept for more than 24 hours, a criminal complaint said.
A court official on Monday said 35-year-old Kevin Roper is scheduled to face an initial court appearance on Wednesday. He remains free after posting $50,000 bond.
Roper has been charged with death by auto and four counts of assault by auto.
Authorities said the Jonesboro, Georgia, resident apparently failed to slow for traffic ahead early Saturday in Cranbury Township and swerved at the last minute to avoid a crash. Instead, his big rig smashed into the back of Morgan's chauffeured Mercedes limo bus, killing comedian James "Jimmy Mack" McNair, authorities said.
The 45-year-old actor and comedian, a former "Saturday Night Live" and "30 Rock" cast member, remained in critical condition early Monday. Morgan's spokesman, Lewis Kay, said he was "more responsive" Sunday after having surgery for a broken leg.
Kay said Morgan also suffered a broken femur, a broken nose and several broken ribs and is expected to remain hospitalized for several weeks. He said Morgan's family is "tremendously overwhelmed and appreciative of the outpouring of love and support from his fans."
Tyrone Gale, who was driving the limo bus, told ABC News that he was disoriented after the vehicle flipped over and could hear Morgan yelling for help.
"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 President Bill Simon said in a statement that the company "will take full responsibility" if authorities determine its truck caused the accident.