Truck driver Kevin Roper pleaded not guilty on Monday to charges related to the June 2014 accident on the New Jersey Turnpike.
Roper's tractor-trailer -- crashed into a limousine bus carrying Tracy Morgan and his friends, leaving the comedian seriously injured. Morgan's friend, James McNair, was killed in the accident. The truck driver was charged with first degree aggravated manslaughter, vehicular homicide and eight counts of aggravated assault in varying degrees by a grand jury in December.
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Attorney David Jay Glassman tells ET that a motion to dismiss the indictment will be filed on or before March 1, and will "include arguments on the facts or lack thereof presented to the grand jury." Roper's attorney will also argue that his client's constitutional rights to due process have been violated.
In August, the National Transportation Safety Board found that the cause of the crash that killed McNair and seriously injured Morgan was that Roper had driven 12 hours to get to work before starting his 14-hour shift. Last year, Morgan settled a lawsuit with Walmart, which owned the truck Roper was driving, for an undisclosed amount.
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"It just lets me know it's going to take more than 18 wheels to take the gift that God gave me," Morgan told ET after surviving the deadly accident. "He still got something for me to do, and that's how I'm taking it. I mean people laughing for me, that means it's going to take more than 18 wheels."