Kevin Roper, who was employed by Wal-Mart at the time of the June 2014 crash, is also facing charges of aggravated assault in the death of McNair. Roper's attorney, David Glassman, is going to file a motion to dismiss the charges against him. Roper was indicted by a grand jury in December on vehicular homicide, aggravated manslaughter and eight counts of aggravated assault, according to court documents obtained by E! News.
The Georgia resident was driving on the New Jersey Turnpike when he allegedly crashed into a limo carrying Morgan, McNair and other friends of the 30 Rock star. Morgan, Ardie Fuqua, Harris Stanton and Morgan's assistant, Jeff Millea, were all hospitalized with severe injuries including brain trauma.
Morgan and the other survivors sued Wal-Mart, which settled for an undisclosed sum.
Dave Kotinsky/Getty Images
An investigation by the National Transportation Safety Board found that Roper had not only been speeding at the time of the crash but also had worked 13 hours straight before the collision. A New Jersey state police report said he hadn't slept for more than 25 hours before the accident.
While the case plays out in the legal arena, Morgan has been busy making a strong recovery. After making his first public appearance while being honored at the Emmy Awards in September, he has returned to Saturday Night Live and even announced a nationwide stand-up tour. He also nabbed his first film role since the accident and promised his fans in an interview on the Today show that nothing would prevent him from doing what he loves.
"I love comedy. I love comedy. I will never stop loving her. I'll get back to making you laugh. I promise you."
Look back at Tracy Morgan from the 2011 Emmys.