So much for that plan.
Kevin Roper, the Walmart truck driver who hit Tracy Morgan's limo last year, wanted to get his criminal charges thrown out — but it looks like that didn't work exactly out.
On Wednesday, a New Jersey grand jury indicted Kevin for his involvement in the accident that killed comedian James McNair and injured the 30 Rock alum.
The grand jury formally charged the driver with first-degree aggravated manslaughter, second-degree vehicular homicide, and third-degree aggravated assault.
Related: Tracy Saw God After His Accident
The trucker wanted the charges dismissed because his lawyer, David Glassman, said the actor's settlement with the department store drew a lot of attention toward the case.
The attorney claimed this would prevent Roper's trial from being a fair and impartial one.
Back in August, a National Transportation Safety Board determined the driver had slept in the 28 hours leading up to the accident.
The investigation also revealed that he didn't slow down before he hit the 47-year-old's car, even though there were plenty of signs on the highway advising him to do so.
Since he wasn't in court for the indictment, Kevin is scheduled to be arraigned at some point in the future.
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[Image via Ivan Nikolov/WENN.]
Tags: busted!, car accident, grand jury, indicted, legal matters, tracy morgan, walmart