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.
Morgan's publicist says the 45-year-old actor and comedian remained in critical condition and was "more responsive."