PEEKSKILL - The Wal-Mart truck driver from Georgia accused of triggering a crash in New Jersey that critically injured Tracy Morgan and killed another comedian had not slept for more than 24 hours.
The information about 35-year-old Kevin Roper's lack of sleep is contained in a criminal complaint.
A court administrator says Roper will face an initial court appearance on Wednesday.
Roper has been charged with death by auto and four counts of assault by auto. Authorities say Roper apparently failed to slow for traffic early Saturday and swerved to avoid a crash. His rig smashed into the back of Morgan's Mercedes limo bus, killing comedian James "Jimmy Mack" McNair.
Funeral services for McNair are scheduled for Thursday at the Paramount Hudson Valley Theater in Peekskill.
A spokesman for Morgan says that he remains in critical condition after undergoing surgery on a broken leg and will remain in a New Jersey hospital for "several weeks." Lewis Kay says that Morgan was more responsive Sunday after sustaining a broken leg, broken femur, broken nose and several broken ribs in the deadly chain-reaction crash on the New Jersey Turnpike. Kay says Morgan's family is "tremendously overwhelmed and appreciative of the outpouring of love and support from his fans."
Two others, 36-year-old Jeffrey Millea, of Shelton, Conn., and 43-year-old comedian Ardie Fuqua Jr., of Jersey City, remain in critical condition.
This most recent accident is just one of hundreds of crashes involving Wal-Mart truck drivers in the past two years. Federal records show Wal-Mart trucks have been involved in 380 crashes in that time. Nine people have been killed and 129 injured.
AP wires were used in this report