The Walmart driver who was involved in the accident which severely injured actor and comedian Tracy Morgan and killed fellow comedian James McNair will avoid the possible 30-year sentence by taking a plea deal.
Driver Kevin Roper was charged with vehicular homicide, aggravated assault, and aggravated manslaughter after he allegedly fell asleep at the wheel of his truck and rear-ended the limo carrying the comedians going 20mph over the speed limit in a construction zone. He pled not-guilty to the charges immediately after the accident in June of 2014, then again in February of 2016.
Since Roper has no criminal history, he qualifies for the Pre-Trial Intervention Program which would allow him to plead down to lesser charges, avoid jail time, and – provided he keeps up with the program which includes 300 hours of community service and other requirements – have even the lesser charges removed from his record after completion.
According to the New York Daily News, Roper’s attorney claimed that the deal “gives him an opportunity to go forward with his life without a conviction if he does what he’s supposed to do.”
“It puts his future in his own hands. He’s led an exemplary life up until that one mistake,” said the lawyer. “And, assuming it’s going to go forward like that, he has his destiny in his own hands, and he won’t have a record.”
During a recent appearance on a late-night interview with Conan O’Brien in November, Tracy Morgan claimed that he has forgiven Roper for what happened.
Walmart paid James McNair’s family a reported $10 million settlement out of court, and settled with Tracy Morgan for an undisclosed amount. Some informal estimates put the size of the settlement as high as $90 million. Walmart was allegedly reimbursed for the settlements by their insurance company.
Source: overdrive, bbc, rollingstone, abc, nj, nydailnews
Dopes says
That’s a good deal for roper. He may not beable to drive a truck anymore. Atleast he’ll have his life and his freedom.
Frank Michael Barnes says
But one man does not have his life
NYVET says
He didn’t do it on purpose. That’s why it’s called an accident.
Kevin says
There is no excuse for driving with the lack of rest he claims to have had. I am a driver since 95. I have never done anything like that and never been pushed by a company to do that. If a company tried to push me, I still wouldn’t.
darrin jones says
He will bear that cross the rest of his life. Prayers for all involved
Steven says
Wait so your telling me that the family members of the man who died in the accident got only 10 mill, while Tracy Morgan, who survived got 90 mill.. ?????
A w says
It said that the amount paid out by Walmart was up to 90MIL total not that Tracy Morgan got 90 million.
Jude Ossowski says
“He’s led an exemplary life up until that one mistake…” Right. He got caught – this one time. How many times had he driven when he shouldn’t have? How many drunks murder someone on the road and “… led an exemplary life up until that one mistake…”? We all make “mistakes”. We all have to live with the consequences. This driver just got lucky with a prosecutor too lazy to do his job and prosecute for the crimes that are committed.
Larry says
Hey Jude, don’t bring me down man!
Harry says
He wasn’t drunk. He was tired. Self-righteous much?
Terrence McDonald says
Hey Jude R U a driver ? Judge not lest ye Judged. If not why don’t you go to Truck driving school to the tune of $6000 or more, then go drive for 24 cents/mile until you get experience. Then put in a million miles without an accident in a Big Rig. Then if you have done all that we can look at your Character, Spiritual life, Church contributions, Family life, etc. Jesus calls us all to sweep our own side of the street not throw mud into others lane. Luck has nothing to do with it. Grace and Mercy. Luck is for irresponsible clueless fools. Grace and Mercy is what God showers down on Saint and Sinners alike.
A w says
???? well said driver!!
Kevin says
I am a driver since 95 and there is no excuse for driving with the lack of rest claimed here.
BLKCOBRA says
To tell you the truth, what crimes has he committed.
All dude did was fall asleep at the wheel, and they wanted to give this man 30 years for that!!
Our judicial system is foul and disgraceful.
This shit happens all the time, let alone so many drivers involved in drinking and driving cases that lead to accidents.
There’s no way the judge should be discussing 30 years in prison for this dude because it’s not a criminal act.
All it was, was driver neglect of falling asleep behind the wheel.
Chad C says
No it actually took more effort to keep him out of prison.
NYVET says
He was perfectly legal. He is human, humans sometimes fall asleep while driving. Every single trucker knows how tiring this job is.
Kevin says
He said he hadn’t slept in over 24 hours? No excuse. I’ve been driving since 95 and would never drive with that lack of rest. EVER. He didn’t just nod off under normal circumstances. He was irresponsible.
old man says
Ok, Jude, you get to throw the first rock.
Floyd Nasby says
There’s no question in this situation. This Walmart driver was NOT a professional driver. No pro driver would be doing what he did EVER
Repeat says
If you think that a driver in today’s industry is not driving fatigued, you are a fool just like the people that have come up with these stupid and unrealistic rules.
If you stop to rest you get punished by the rules. If you follow the rules to the letter of the rule you might as well work at mcy d’s flipping burgers…. I have driven for 21 yrs and today I am more tired than when I drove coast to coast solo in 2.5 days, you want to point the finger at somebody…. Look in the mirror…. That truck had all the Safety bells and whistles that they’ve being pushing ….. Yet…. The accident still happened……Some safety the bells whistles provided!!!
Tim says
Who besides Roper and kin really cares whether he goes to jail or not? With regard to that accident and its aftermath, I can only think of one reasonable thing to focus my attention on: Google, Apple, Uber, Otto, etc. go go go!
James says
It’s really easy for you numbnuts too talk about this guy that you don’t know, but you’ve got it all figured out yes he did got lucky but like they said he’s got to carry that burden so before you cast any Stones Jude look in the mirror!!
Old Guy says
Most common cause for fatallities in the trucking industry is driver fatigue. Meaning the driver fell asleep . The driver accepted his fate . And my condollances to the familiy of Mr. McNair and my prayers For a fast recovery for Travy Morgan . But all too often the companies who run these truck drivers way over the limit knowingly get away without any repercussions .companies know they can always blame the drivers as an excuse to cover their ass if an accident happens . And don’t give me the bullshit story of how good Walmart or any other scab company is to their drivers / employees . Over 37 years in the fricking industry and I have seen ot all first hand . Companies do whatever they want regardless of the law and ant common sens of decency . They just throw the drivers to the wolves if something happens . All too often this crap happens . It never was an issue when everybody was a Teamster driver working under a Master Freight Agreement . Great, fair pay for safe hours of operation for the drivers . No unions and this is why the trucking industry now sucks as a career . Stay in school kids and become a lawyer or sleep your way into the Walton familly and get away with murder .
Jason Kane says
Not disagreeing with your comment in regards to dispatchers pushing drivers, but that wasn’t this case here. Roper drove in his personal vehicle from like Georgia (or something like that) up to Maryland (again, or something like that–wherever his truck was) and then began his shift. That’s on him, not his dispatcher. He should’ve left home a day earlier. Still not sure why he works out of a terminal so far from home either….
Jonathan E. Wilhelm Sr says
He wanted to work for Walmart’s higher Pay.
No DC openings closer to Home for him.
But he should have left earlier to allow 10 hr break before Driving Big Truck or called off.
Better to call off for sleep than falling asleep while driving.
I fell asleep one time years ago and by the Grace of God awoke right after steer dropped onto shoulder.
My one time wake call.
I’ll stop Now regardless of anything.
GA to NJ is a long way non-stop in a POV.
NYVET says
Old Guy…Walmart, for whom I drive for, is NOT a ‘scab’ company. What it IS, is the best driving job in the industry! You are NEVER, EVER pushed, no matter what! You get plenty of time to make the delivery, but if you are tired, sick, have family issues etc, YOU come first! The DRIVER comes first, and is truly respected and appreciated. I’m sorry you have such a bad outlook on the industry, which for the most part is true, but Walmart is as far removed from the industry than you could get without actually LEAVING the industry. Bottom line, there’s a BIG difference between a truck driver and a Walmart driver! They reward your perfect record, experience, and attitude.
As for this guy…you can only apply where there is an opening. You can transfer in a year, provided of course where you want to transfer to has an opening, if not, you wait until they do. He was working at the DC in Delaware, putting in his year, and simply made a bad decision to drive 10 hours to start his shift. But a bad decision doesn’t necessarily mean he deserves jail. And this had zero to do with dispatchers. You are NEVER forced to drive if you are not safe. Safety first at Walmart. We (in my DC in PA) have a driver from North Dakota, had one from Florida (recently transferred), and couple years ago had two from South Carolina, who would FLY up for their work week. Does this still sound like a ‘scab’ company to you? If you don’t like Walmart, that’s fine, but don’t post about stuff you know nothing about.
Kevin says
Glad to hear from a Walmart driver about this. I drive for CFI and, as for as safety, it is much the same. I have never been pushed to do things I shouldn’t. I have called in twice when conditions weren’t safe and they told me to let them know when I could make it and they would make arrangements. I hear drivers blame their companies a lot and I tell them they work for the wrong company. And don’t tell me you can’t make money following the rules and I make a really good living AND love my work.
Tommy says
I think it’s rotten he got away with killing someone for his irresponsible behavior, we all know how serious this job is but yet he showed up to work not prepared to do his job like 10% of truckers do and it always everyone else’s flat but his own…. BS
Howard Leslie says
And no one mentions how Tracy who lived got $90 mil and the kids off the guy who actually died only got $10 mil.. Guess it pays to live thru an accident than die..
Fulton says
Yea, I notice not many on here are making mention of that.. And to point out take(Wal-mart) could have given more since their insurance reimbursed them.
1gearjammer says
Tracy didn’t get 90mil Walmart paid a total of that between the two which means probably 80 MIL I understand what you’re saying, but read what was said. Again Tracy did not get 90.
Stephen West says
He’s a very lucky sob!
Ricky Byrd says
He needs to pay for what he did. And going back home is not it. He comited a crime and saying I’m sorry and I promise I won’t do it again will not cut it. Someone’s DEAD get it. That is FOREVER. I am a driver. And I am old school, I drive hard but if I get tired, I stop forget the load. There are many more driving jobs than driver’s.
Rob says
Drunk drivers who kill do a lot less than 30 years if any at all and they wanted to give this man 30 years? The judicial system really needs an overhaul.
JC says
$90 million for being seriously injured in an accident? Not saying he shouldn’t get anything but there needs to be a limit.
1gearjammer says
Tracy didn’t get 90mil.
1gearjammer says
Looking on here is sad people just want to jump to conclusions and not read everything before posting what they assume. Tracy didn’t get 90mil. Walmart paid out approximately that amount total between Tracy and the other person who’s family got 10mil leaving Tracy to get approximately only 80mil. The real issue is what will it take for Tracy to live for the rest of his life with the injuries sustained and how much will everything cost. Medical stuff is expensive. Should the Walmart driver be punished, yes because in the end he was in control of the truck if he was fatigued he shouldn’t be driving that’s equal to dui, but take his cdl get him from behind the wheel of a truck but 30 years in prison, some murderers don’t get that. He made a poor decision to drive a car that far and then drive a truck, he had a choice even if Walmart said drive or else (which I highly doubt) the worst case scenario is they fire him, well his cdl with no accidents and no manslaughter on his record or even like it’s now associated with his name, was his ticket out of driving fatigued.