Charges involve sleep deprivation

NEW BRUNSWICK, N.J. - 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.

Walmart trucker Kevin Roper is expected to make an initial appearance in state court Wednesday. It was unclear Monday whether Roper, of Jonesboro, Ga., 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 swerved at the last minute 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 be completed 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 caused the traffic to slow.

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, remained in critical but stable condition Monday. His spokesman, Lewis Kay, said he faces an "arduous" recovery after surgery to repair his broken leg.

Morgan suffered a broken femur, a broken nose, and several broken ribs and is expected to remain hospitalized for several 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 was operating 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.