A New Jersey grand jury is expected to say Wednesday whether it will indict the truck driver who crashed into a limo carrying Tracy Morgan, killing one man and severely injuring the comedian.

Tracy Morgan ( Robin Marchant/Getty Images for Tribeca Film Festival)

A prosecutor told a judge Tuesday that the grand jury will release its findings into the 2014 crash.

The attorney for the truck driver, Kevin Roper, tried unsuccessfully to have charges of vehicular homicide and assault by auto thrown out. His lawyer argued Wal-Mart's settlement of Morgan's lawsuit generated publicity that harmed the Jonesboro, Georgia, resident's chance for a fair trial.

Roper was driving a Wal-Mart truck when the crash occurred on the New Jersey Turnpike.

His lawyer, David Glassman, told The Associated Press last week that he faulted the Middlesex County prosecutor's office for not stepping in and seeking a stay in the federal lawsuit.

A National Transportation Safety Board investigation concluded in August that Roper hadn't slept during the previous 28 hours before the crash, a finding Glassman has disputed.

The report concluded Roper failed to slow down immediately before the crash, despite posted warning signs on the turnpike.

The board also faulted Morgan and other passengers in the limo van for not wearing seat belts and adjusting headrests, which it said contributed to the severity of their injuries when the limo was struck from behind.

 

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