NEWARK - The truck driver who slammed into a limousine carrying comedian Tracy Morgan last year plans to ask a judge to throw out criminal charges against him.

Kevin Roper was driving a Wal-Mart truck in June 2014 when he crashed into Morgan's limo van on the News Jersey Turnpike.

The former "30 Rock" and "Saturday Night Live" star and others suffered serious injuries. Morgan’s friend James McNair was killed.

Roper was charged with several crimes including death by auto.

Attorney David Glassman told The Associated Press on Friday he'll ask a judge on Tuesday to dismiss the case because Roper can't get a fair trial.

Glassman contends Roper received a "tsunami" of negative publicity because Morgan's federal lawsuit against Wal-Mart was allowed to proceed despite Roper's attempt to delay it until his criminal case finished.

The Associated Press wire services contributed to this report.