Can the Truck Driver Get a Fair Trial?
by Jana Ritter - Published: 9/07/2015Kevin Roper, the Walmart truck driver involved in the accident that killed comedian James McNair and critically injured celebrity Tracy Morgan, has asked that the criminal charges against him be dismissed because the high profile case has made it impossible for him to get a fair trial.
January 05, 2018 - Trucker Faces 20 Years After Pleading Guilty To Smuggling Alien Found Dead In Locked Toolbox
January 02, 2018 - Police Identify 2 Oregon Truck Drivers Killed In Fiery Head-On Crash
December 27, 2017 - Iowa First Of Eight States To Debut New Truck Parking Information System
According to the legal documents filed by Roper’s attorneys, in addition to the constant news coverage biasing potential jurors, Walmart has also made it impossible for him with their public admissions. Not only did they settle multi-million dollar civil suits with Morgan and the McNair family, Walmart also issued a formal press release stating it was responsible for the accident. Roper says that these actions, coupled with public statements issued by the NTSB (although the NTSB did also recently release findings to show other factors at fault), and public appearances by Tracy Morgan's lawyer, the media has already convicted him and made it impossible for him to get a fair trial. Roper is said to have been violating the HOS rules and had been awake for more than 24 hours when he crashed into Morgan’s limo bus on the New Jersey turnpike in June 2014. Roper was arrested and charged with four counts of assault by auto and one count of death by auto.
While it may be a far stretch for Roper to ask the judge to throw out his case all together, he may have a valid point about the civil settlements impeding on his criminal trial. In fact, civil cases are often put on hold for the very reason of not interfering with criminal proceedings. However, because Kevin Roper and Walmart have been acting as two separate parties in two separate cases, his attorneys have had no jurisdiction over Walmart’s actions. Although Roper had already pled not guilty to the charges, his employers took responsibility for the incident and Roper’s attorneys consider it major evidence that he’s already been denied his right to a fair trial.
The biggest blow came with the news headlines announcing Walmart’s settlement with Tracy Morgan in May of 2015. Although the financial terms of the agreement were never formally revealed, rumors have been circulating that Walmart dished out as much as $90 million for Morgan’s pain and suffering. But interestingly enough, Morgan was photographed walking without assistance in August and just two weeks ago he seemed to have made a miraculous recovery walking down the aisle on his own at his private wedding ceremony. Whether or not this could be used as evidence to help the truck driver’s plight - has yet to be seen.
You took a life driver, you need to be punished for your actions
I don't see it being fair myself. Fair trial or no trial.
As a driver the buck stops with YOU.......out of hours....speeding.....whatever.....behind the wheel there is no mercy no second chance.....its a hard job.....
I agree but fair trial. It's our right to a fair trial.
And there are a lot of 2nd chances.
Atlanta to New Jersey in a car that's a lot driving, then put another 10hr behind the wheel of truck, he should have used a little more better judgment then that as a professional truck driver,we all as truck drivers push ourselves to the max somtimes,but we gotta put the shoe on the other foot,it could of been 1 of our family members wiped out
Point on Kenny G Simms
I agree but what I'm saying is the trial needs to be fair. Yall missing my point here. Yes stay safe but the trial is what we're talking about he should be punished but in a fair way. Sems like high profile cases are never fair.
It's not going to be fair, walmart paid a ton of one out and that is in a way an admission of guilt. They should have waited, backed the driver in court and paid out after all is done.
In my opinion I think Morgan is milking it for everything he can. Any trial should be fair.
Negligence is negligence......driving excessivly in a construction zone is a recipe for disaster.....I see it all too often.....as a professional driver I cant condone other drivers who do reckless things in a truck......
I don't know that Walmart settling is so much the problem as is the media. This has been such a highly publicized story that he will have a hard time getting a fair trial regardless of venue.
He already admitted that he drove from Atlanta to Jersey in his personal car just after the accident happened. What more is there to say, with the exception of he's a dumbass? You don't do something like that, and you damn sure don't admit it until you're backed in to a damn corner.
Yes he did wrong but didn't break no law in log book because he was off 10 hrs yes he need be charge for his stupidity.
I think there is more to the story myself the lawyers are hiding
He knows the law about driving. There is no excuse to be involved in an accident. I'm a truck driver as well and hold myself at a standard to not be in a situation that can lead to an accident. Drivers tail gate like they can stop on a dime running 60+ mph. I hate this happened but someone has be held accountable.
Well it wasn't smart to drive that many hours from home to his terminal and then take that load. But you put yourself in position for an accident every time you hit the road, wether it's your fault or not.
Isn't walmart on elogs?
Yes, but he drove his POV from home to his terminal.
There's no law that says you can't drive to work
Aaron I'm a truck driver , you have to plan and get some rest ,if I drove 9/10 to my job id have planned to get their 4 hrs early to take a nap,
His home is several hundred miles from his home terminal.
On second thought. Disc brake equipped class 8 trucks stop %30 percent faster .Iam tired of an industry that shoulders all the weight on drivers to pinch a penny. ..
How would equipping all class 8 trucks cure fatigue?
There is never ,nor will there ever be a cure, other than balanced rest cycles for staying ahead of fatigue ..on the braking issue it you're getting a little tired or distracted a shorter stopping distance would be a good thing.
Legally he was in compliance with the rules but had an accident that somebody lost there life...he must pay for his actions but Wal-mart paying them off shouldn't effect the outcome.
We as professional drivers should hold ourselves to a higher standard. Speeding has always been a pet peeve of mine in regards to big trucks. Said to see another driver in this position but there is no excuse to drive fatigued like that. I'm surprised Walmart let that fall through the cracks.
Any large outfit is gonna have problems with driver turnover.....that part of the country is notorious for being impossible for any time sensative operations its probably or was overlooked the old addage"its only this far on the map!"....
I am not surprised of Wal mart lol I know about 15 of there driver.
I don't think this is fair at all, no way should this happen but hey money rules
I'm a retired trucker. Now I fix them. So both jobs are in my heart. First of all , accidents happen. I had two in 23 years. Both my fault. Take this into consideration. Most companies will not fire you but take you out of service until a final determination by the courts when it seems criminal liability is the cause. Accountability is the key here. Walmart basically through out the drivers defense the minute they settled. He does have a case here. Second. We all know how hard dispatch pushes. I worked for UPS freight. And the old overnite. Should he have known better? Probably. But we also know that truck driving schools pump out bodies at a fearsome rate. The last guy to graduate is still a truck driver. Last, we are our own harshest critics. Before we slay him in the media , let's get all the facts.
According to the federal reports the facts are pretty clear... this moron of a driver drove several hours from home to his terminal, with no sleep, then got behind the wheel of a truck and drove. As a "professional" driver, he would have known better to do that. That's the difference between a truck driver and a professional driver. No professional driver would put themselves in that position. I never did.
Fatigue can take out the best, walmart is very picky about who they pick to drive for them...and New Jersey is such a rat race that even good drivers can get caught up in sloppy behaviors. ... Tobyhanna PA Walmart DC has the highest driver turnover for Walmart because of its New Jersey accounts.
If it was the other way around. It would be different. Right. Fair trial. If they let pedophiles. Off easy not hanging Them than why not a fair trial. Shit happens. We all know that if you say it don't your not a driver. To bad the madia. Don't do story's about truck drivers that get killed by a car or someone shoots them thru sleeper and robs them but when this happens it's all over the place but it will never change cause ignorant people that's never drove truck spend days or month and holidays. Away from home having there kids wonder were your at. Tell me how to do my job or run my business. And it's the same ass hat that cut me off from the left lane cross 4 lanes to hit the exit that wants me to do what hey say and follow laws they come up with. Makes me sick
IDC how hard dispatch pushes. You are the captain of that ship. As a trucker's wife AND a victim of trucker negligence (my parents were killed by a semi going too fast for conditions who hit them head on), this man is responsible.
The purpose of this group is for OTR truckers to get together and discuss topics concerning the industry. The hope is that drivers can share vital information like construction. . Traffic.. wrecks.. weather. . Scales. .. law changes and more. In order for this group to be successful we ask ***ALL MEMBERS*** to add all drivers they know. Knowledge is power and together we have unlimited knowledge. https://www.facebook.com/groups/1459200271055339/
There another protest fixing to happen. I can see it now black man can't get a fair trial
Steven Willard you can't even stand up for your own trucking family you can fuck yourself
According to the letter of the law the only thing he did wrong was speeding in a construction zone and failure to control(stop). So unless you're God and never screw up don't judge him. Now our off duty time is going to be regulated. Do you all want that too? I sure as hell don't
That's not going to happen you admitted that you hadn't had any sleep Noone put a gun to your head and said drive it's always going to be the drivers responsibility not saying that it right but that's the way it is so always cover yourself
Trish Scott, that was the stupidest comment yet!!!!
And why exactly is it so stupid? He's guilty of piss poor judgment and a fatal decision but last I checked stupidity wasn't a crime. He was legal in his hours he wasn't under the influence.
If a man does not know his limits, he shouldn't be allowed to endanger others. If he takes someone's life because of his stupidity, there is a price to pay. This is not a game, he was negligent in his actions. He should pay the price. It is called ACCOUNTABILITY!!!!!!
I never said he didn't screw up or that he shouldn't be held accountable. I simply don't agree with how they are crucifying him when the only law he broke was speeding.
NO HOPE!!!!!
Trish Scott our off duty time may be regulated cause of dumb asses like this ,, you have to know your limitations and by him blaming the long drive to work he was trying to blame something else, besides his own , stupidness
Nope, fry his ass.
I dont think that it really matters. He was in compliance with h.o.s. what if he fell asleep at the wheel in his personal vehicle and killed someone on his way to work. Whats the difference? Death is death. What do matters if he was in a commercial vehicle.
Nope he be charge for it
Trish, it's not that our off duty needs to be regulated but as a driver he sure knew better to drive from Atlanta to Jersey then expect to drive his shift, he set himself up for an accident, I don't need to judge him, god will do that, for his choice a life was taken... there's is nothing else to say
In my opinion Morgan is milking it for all he can. Any trial should be fair if not move it somewhere he can get one.
He made several bad choices. Those choices resulted in a death and serious injury. No the charges shouldn't be dropped, we want to be treated and respected as professionals, it's time we start acting as such .
Bottom line he is a truck driver that knew he was tried from being up so long he needed to call out of work for the night or left a day early so he was ready for work that night if he get jail time it's only him to blame no one else and that is the bottom line
There are more factores to this that need to be brought out. Yes he was wrong but fair trial he will not get
He knew.. what he was doing. Now pay for it.. Suck it..
Jim