NEW BRUNSWICK - A Middlesex County grand jury is set to decide whether to indict the trucker accused of slamming into Tracy Morgan's limo last year.

That was revealed Tuesday in a court hearing where an attorney for driver Kevin Roper sought to have charges of vehicular homicide and assault by auto thrown out.

Attorney David Glassman told the court that his client cannot get a fair trial because of all the negative publicity surrounding Morgan’s federal lawsuit against Wal-Mart.

"When you allow a civil case to go forward in front of a criminal matter, you are giving a prosecutor a weapon of mass destruction when it comes to the defendant's rights to be able to defend a criminal case,” Glassman said.

Roper, of Jonesboro, Georgia, is charged in the June 2014 crash that killed comedian James McNair and seriously injured Morgan and others.

Roper was driving for Wal-Mart. He is accused of being sleep-deprived when he crashed. He was charged last June but hasn't been indicted.

A county grand jury is expected to release its findings Wednesday.

The Associated Press wire services contributed to this report.