NEW BRUNSWICK - A New Jersey grand jury has indicted the truck driver who crashed into a limo van carrying Tracy Morgan, killing one man and severely injuring the comedian.

The grand jury on Wednesday charged Kevin Roper with first-degree aggravated manslaughter, second-degree vehicular homicide and third-degree aggravated assault charges.

The truck driver's attorney tried unsuccessfully to have previous charges of vehicular homicide and assault by auto thrown out. Roper's 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.

Federal investigators said Roper hadn't slept for 28 hours before the crash. His lawyer disputes that.