Kevin Roper departs after his court appearance at Middlesex County Courthouse on June 11, 2014 in New Brunswick, New Jersey.

Kevin Roper departs after his court appearance at Middlesex County Courthouse on June 11, 2014 in New Brunswick, New Jersey.

*The Wal-Mart truck driver who crashed into a limousine carrying Tracy Morgan last year plans to ask a New Jersey judge to throw out criminal charges against him.

Kevin Roper was behind the wheel in June 2014 when he crashed into Morgan’s van. The former “30 Rock” and “Saturday Night Live” star and others suffered serious injuries. His friend, comic James McNair, was killed.

Roper was charged in state court with crimes including death by auto. His 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 claims 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.