Kevin Roper, the trucker who was involved in the infamous crash that injured actor/comedian Tracy Morgan and took the life of comedian James McNair, has filed a motion to dismiss the charges against him.
Unlike the civil cases which Walmart has mostly settled out of court, this is a criminal case brought against the driver directly, charging him with both vehicular homicide and assault by auto for his part in the fatal crash.
Roper’s defense team is filing the motion to dismiss because they claim it will be impossible for him to receive a fair trial given all of the media coverage that the accident received. The court filings claim that “No accused can receive a fair trial, or any other due process requirements, if the criminal justice system under which an accused is tried leaves him at the mercy of the press.”
According to the prosecution and multiple crash reports and investigations, Roper had been awake for over 28 hours before the crash having commuted 800 miles in his personal vehicle in order to start his shift.
Multiple reports from the NTSB claimed that though traffic in front of him had slowed to about 10mph, Roper was driving at 65 mph and only started braking when he was 200 feet from the traffic ahead of him.
You can watch a recreation of the crash created by the NTSB below.
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Source: overdrive, thetruckersreport, nj, eurweb
He commuted 800 miles? I think it’s time to find a little closer job at that point
Fair trail ahh you drove 800 miles before you started your shift after being awake for 28 hours. Oh let’s add that you ran over a van full of folks and killed one of them. Got an idea why don’t you man up admit you were an idiot and plead guilty sounds fair to me.
You must not be a truck driver .with a commit like that …..
I’m a truck driver and have been for 10 years, and that’s WHY I agree with Robert. This guy’s bad judgement may result in some very anti trucker sentiment and legislation. You have to be a complete idiot to do what he did, and he deserves everything he’s going to get.
I am a trucker with 20 years and I agree with Robert. I’ve never had a wreck or a ticket of any kind. First rule don’t drive when it’s not safe to. If the company don’t like it, there are plenty of jobs out there. Keep your CDL clean and you can always get a job. Screw it up and not only will the company fire you but you may not be able to get a job.
This guy CHOSE to drive when he shouldn’t have and people died.
I agree he should definitely just take his treatment and own up to his mistake, media coverage or not he’s going to jail, all he’s doing is costing his family even more debt.
No way should those charges be dismissed.
Drop wthe charges? Nooope! Might hook your ass up with some Vaseline though.
You could be next if you drive a truck. Hope you ant next with be in a wreck…
It’s extremely difficult to not point out the multiple levels of ignorance contained in these comments, but I suppose I really should take the high road and maintain silence on the issue–so I shall.
He knows he has no chance on getting off, he himself should have known not get in the truck, if that is his defense well, I have ocean front property he can have for $100.00, he knows he screwed up, the truck should have never left the terminal, dispatch should have not dispatched this driver, follow the paper trail, Walmart and management knew better, covering up was their down fall,people were severely injured and one died, I believe the transportation department manager and his assistant transportation manager, the lead supervisor over the drivers all need to take responsibility as well, the driver needs to the fact that he had no business driving that day, period
People are quick to blame the driver! Just like when airplanes crash they are always quick to blame the dead pilots! I know many instances where the maint. on the plane was the problem! Why don’t the airline mechanics get in trouble vs. a dead pilot who can’t defend himself. Same holds true in some cases with truckers! I’m not saying this guy wasn’t a dumbass,but he was simply trying to work in this screwed up economy and support his family! People need to think about that! Not just automatically blame the driver! I’ve seen many instances where drivers of 4 wheelers are to blame for crashes! In both heavy and light traffic conditions! Last company I drove for, I had been reporting the maint. issues for the tractor for 6 weeks to the company & dealers! Finally the 6th dealer had sense enough to pull up the cover off the tanks for the DEF! Well, guess what those tanks had a hole burnt clear thru! That’s why my truck stopped on a highway in PA and I was almost rear ended by a steel hauler! In a construction zone! Well the two of us knew how to driver because we avoided any problems! But the point is; it was maint. failures that caused my truck to stop dead from 65 in the middle of the hwy! If it wasn’t for knowing how to drive,I’d be dead! Yea the guy was a dumbass, I said that. But my question was why was the traffic stopped? Was it construction? Were there enough signs if it was? Was there an accident up ahead? Etc? These things need to be investigated be4 everyone jumps on the driver! Again, what about the dispatcher and charging them? What about putting Walmart up on criminal charges, etc. These things need to be addressed! Thing is people! None of us knows exactly what happened if we were not there! Guess what? Most of us who are commenting were NOT there! Just something to think about!
I am a truck driver and the comments left about you must not be a driver are drivel. They need to NOT drop this. They need to charge to the fullest extent of the law. He needs to be sued for everything he has. And he never should drive a truck again. This creep makes all drivers look bad. Most of us run by the law. We are smart enough to not drive if we are tired. I hate jerks like this. You will notice on any comment thread that puts down truck drivers in any way, there will be all kind of comments about how you can’t know anything unless you’re a driver. BS. It’s truck driving, not rocket science. It’s unskilled labor mostly down by the least intelligent people in the country. Because it doesn’t take much intelligence. Unfortunately often lacking is any common sense also. Too bad you can’t teach that. Drivers get over yourself, you’re doing a menial job. Try to do it well. And quit sticking up for the morons who kill somebody.
Mostly done, not down. It’s called a typo, don’t crucify me for it. I stand by my comments.
First of all, I can’t believe the stupidity in the comments. This isn’t some case of protecting the “industry” and a “fellow driver” no matter what. This is a case of circumstances that were due to the driver causing a situation.
Every one makes bad judgement calls at some time or other in their lives. How many times has a driver started out already exhausted, but “made it” to their destination? Was it skill? Nope, just dumb luck that nothing happened while the driver was not properly in control of his (or her) vehicle.
I wasn’t there, but the witness reports tell me that the driver WAS at fault and it is worse for the industry to have him allowed to escape punishment than to be honest and admit that drivers are human.
If he is acquitted on a technicality, the entire industry will be giving new ammunition to the anti-trucking groups, where a fair and honest verdict will allow the industry to maintain its professional reputation.
What would a “fair trial” have changed? The facts of the situation are still there. I don’t think the outcome would have been different.
This whole thing is terrible, but it was all 100% avoidable. 800 miles in a car must have taken 12 or 13 hours? Then step out of that and right into a truck? It should never have happened.
Since when dose a commercial driver have to report what they do on their off duty. The only time that is to happen is if commercial driver works another job or has another driving job. Then the driver is to report that to their company. As for what happened to everyone in this case. There are some really fine lines here. Yes people were killed and hurt. But we all need not pass judgement on others. The media has a way of not telling the story right.
This
This driver is a disgrace to the trucking industry. Because he didn’t plan ahead, knowing he had a 10-13 hr drive ahead of him, he had this horrible accident. Plus he was apparently awake another 15-18 hrs prior. Be a man, own up and move on. Because of your carelessness we (as drivers) are going to pay for your lack of planning, and judgement.
There’s not one single living soul on this planet that can say they have never gambled or pushed the limits to put bread on the table.
“INNOCENT until proven guilty”, remember?
Can Kevin Roper receive a FAIR trial? It is easy to assume “no” because the media feeds on every little mistake committed by any Truck Driver like vultures starved for days picking away at a dead carcass until all that remains is the bones. Even Truck Drivers feed on the mistakes of their own kin like rabid creatures. Just look at the groups on Facebook for proof.
Remember the little news report some time ago that said some of the limo passengers were NOT wearing their seatbelts? Could a life been saved by a seatbelt? It’s kind of like texting and driving. Too many of us ignore the million dollar electronic billboards until it’s too late. Two sides to every story. How many times has a Trucker been killed by the suicidal driving acts of a non-commercial driver? We never hear about it because we’re nothing more than average Joes whose lives mean nothing to the court systems and general public. We’re not famous nor privileged that think general laws don’t apply until suddenly it has interrupted their normal agenda.
This is a battle for the courts to examine ALL facts from both sides before offering final conviction. The judging media needs to return to the back of the room to observe and report like they use to without force-feeding their opinion directly into our brainwashed minds.
It’s truly ironic how quickly we point a finger at someone when we all know the dangers of driving in any major city. We, as professional Truck Drivers, are suppose to know our physical limitations and we’re suppose to be the ones to stand firm to tell our boss whether or not we are safe to drive. New laws will not resurrect the dead. New laws will not save more lives. Gun control is a prime example. Regardless of what happens, Kevin Roper will someday have to answer for his mistake whether in this life or the next.
Yes you are right. But take it a step further. If he was on his off duty time and drove his car to get to work. There are no rules in the commercial driver book or the department of transportation that say a driver is to report what they do on that time. The book dose say if the driver work another job or drove a commercial vehicle. Then the drive must give that information to the company they drive for. Second we all need to realize that over 75% of non commercial drivers will drive a lot longer than this driver did. They will have been at the beach country club or what ever. Then while driving put on their makeup,read a book.do thing on the computer watch a DVD text on their phone. So just how safe are they. Then there are no drug test for them. Then you have the ones who believe your to stop in.the middle of the freeway to.let them on.
You are wrong. I’ve been in trucking for twenty years and never had a wreck or ticket. Why? because I don’t gamble and amazingly enough my family eats very well. Even put two kids through collage. I see those truckers everyday risking people lives riding bumpers and making stupid lane changes and half the time they wind up behind me. And for what? Another nickel that day?
Thank you for your comment maddog trucker. I was very disappointed by other ppls comments. These r the ppl who laugh at other ppls bad time. Selfish.
This is big bucks fighting big bucks but now the scene has changed to big bucks fighting little bucks.We all know who is going to win.The driver doesn’t have wally to back him up because they know its a no win situation . The driver is already charged with guilty for being a truck driver. No matter what the outcome it is always the drivers fault. In this case ,at least as I see it ,the driver is 100% at fault.He should have pulled over and caught some sleep at the service plaza he just passed and everything would have been fine. The driver should have been more alert as to the traffic that he was about to enter and that is my opinion.
I think something fishy going on there. . .
This guest should be convicted for his crime. It is idiots like this that are killing our reputation and our buisness. I have been in buisness for 30 years as an one operator. Ass holes like him give the government more reason to push more us less rules on us. Rules don’t make safty, stopping idiots like this from driving trucks does.
Kevin Roper wants the charges dismissed.
I want a million dollars and a yacht.
Neither is going to happen.
I do have to admit, looking at that NTSB simulation from the driver’s POV it’s very difficult to make out the stopped traffic. If the cars were going VERY slowly (under 10mph) but weren’t on the brakes (no brake lights) you might not pick up the speed differential inside of a quarter mile.
Then it’s too late.
Remember drivers, if you see something on the road flash your 4-ways. Warn the rigs behind you. I’ve seen tree trunks, lost wheels, mattresses, fenders, deer meat.
Warning drivers behind is polite.
Media coverage will make it almost impossible for him to get a fare trial, with that being said he definitely needs to own up to the fact he made a huge mistake by driving after being awake that long, yrs ago we conditioned ourselves as driver’s to be able to do that very thing, but this isn’t yrs ago and there aren’t many that can anymore and nor do we have to.
Plan and simple, either he was texting or he was asleep at the wheel, he definitely should have seen the stopped traffic if he was awake and paying attention.
Already drove 800 miles? STUPID!!! … I drive around 5-600 miles daily and I don’t even want to drive that much…and also I think the 14 rule should be reduced to 12 hours to many companies are making drivers do about 14 everyday we can drive 14 hours that’s not a problem but day after day week after week I want to vomit being in that thing …..reducing 2 hrs a day can save a life also give a lot of truckers their life back and sanity