Attorney David Schwartz visited Fox News Sunday morning to speculate on the legal aspects of the crash that left Tracy Morgan critically injured and possibly needing a leg amputation, in addition to his killing his close friend James McNair and injuring several others.
As we know by now the 35-year-old driver, Kevin Roper, was charged on one count of death by auto and four counts of assault by auto, which — according to Schwartz — could land him 5-10 years in jail if convicted for reckless driving due to falling asleep behind the wheel. Tucker Carlson, on the other hand, doesn’t seem to understand what the big freaking deal is. I mean, it’s sleeping! Everybody sleeps! How can you go to jail for that?
“I’m not trying to take anything away from the tragedy of this,” Carlson replied. “But 10 years in jail for falling asleep? It strikes me as very different from taking drugs, drinking. Has that ever happened? Has anybody ever actually gone to jail for falling asleep?”
“For falling asleep and causing a death?” Schwartz asked. “Absolutely.”
“But, I mean sometimes people — and I’m not defending anyone here,” Carlson continued. “I’m really struck by the idea that someone who falls asleep — which is something that everybody does every day, not necessarily considered an act of recklessness — does it unintentionally, nods off is a criminal.”
Jesus Tucker, are you new here? Yes, if you knowingly drive a motor vehicle — much less a 40 ton killing machine — while severely lacking sleep to the point that your driving is impaired, you are committing reckless behavior. This looks to be the case as prosecutors are now stating that Roper had not slept in over 24 hours prior to the crash. So yeah, if you’re driving a big rig without sleeping in over 24 hours? That’s just a little bit reckless.
Meanwhile, a now-private Twitter account allegedly belonging to Roper displayed the following messaging:
Trying to win more than lose! Driving trucks for a living it’s my road move or get hit! #Walmart
Despite everything we know right now, the crux in this case will likely come down to whether or not Roper was pressured by Walmart to operate a tractor trailer in a state in which he was lacking sleep. Either way Roper will probably see at least some jail time, but if Walmart was to blame then they’ll certainly be facing criminal liability as well. All we know for 100% sure at this point is that Tucker Carlson is a clueless dick for brains.