The Walmart truck driver who reportedly caused the accident that killed a comedian and left actor Tracy Morgan and two others in critical condition on Saturday has been charged with one count of death by auto and four counts of assault by auto.

35-year old Kevin Roper turned himself in to police after the accident and was later released on $50,000 bail. He has been placed on leave from his job, and Walmart president Bill Simon said the company will take responsibility for the crash if an investigation proves the truck was at fault. Roper reportedly failed to slow down for traffic and swerved, causing his truck to run full into the limo bus that Morgan and a group of comedians were riding in after a performance. A total of six vehicles were involved, but authorities say there were no other injuries.

Morgan was listed in critical condition as of Sunday, but doctors said he was more responsive after having surgery on his broken leg. The 30 Rock actor also suffered a broken nose and several broken ribs.

James “Jimmy Mack” McNair, the victim in the crash, was a close friend of Morgan’s and had worked with him for years.

Sabina Morgan, told the New York Daily News. “He was one of the first comedians that took Tracy under his wing. They were very close,” said Sabina Morgan, Tracy’s ex-wife.

The driver of the limo said he heard Morgan’s screams for help after the car came to a stop but couldn’t get to him or the other passengers. As of this time, McNair’s cause of death hasn’t been released, but his passing has affected the comedy community greatly.

“There may be guys like Tracy who get the fame and notoriety, but you have people like Jimmy Mack who have kind of energized and fueled cats like Tracy and kept them going on the road,” comedian Royale Watkins said.

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