Mother desperate for justice after charges filed in tribal court nearly two years after son's deadly crash

A mother was desperate for justice because no one had been charged after her son was killed in a car crash nearly two years ago.

The case ended up in tribal court after the U.S. Attorney declined to prosecute. Troopers concluded the other driver ran a stop sign and had drugs in her system.

Charges were recently filed after News On 6 started investigating.

Felicia McCargo's son is tribal, so the case ended up in the Muscogee Nation Court.

Felicia doesn’t believe this case fell through the cracks. She believes no one cared enough to do anything until we got involved.

Getting Justice for Darius Winn

2023

September 15: OHP says Darius was driving on Gun Club Road at North 270 Road when he was hit by Jaymee Bullett. Darius was life-flighted to a Tulsa hospital, suffering a brain injury that left him unable to walk or talk.

OHP writes its first report, which includes errors, saying Darius ran a stop sign.

September 22: OHP completes its second report, stating Bullett was given a blood alcohol and drug test, and shows a picture of how the crash occurred.

2024

April 25: Darius Winn died.

“I couldn’t focus on anything but him. And even after he was gone, it took me a while,” said Felicia McCargo, Darius’s mother.

May: OHP says it sent the case file to the Eastern District U.S. Attorney’s Office. It stated Bullett was at fault after she failed to stop before a point nearest the intersecting roadway, where the driver can see approaching traffic on the intersecting road before entering the intersection.

It also stated Bullett had drugs in her system.

2025

February 24: Felicia McCargo says she spoke with the Muscogee Nation Chief, who told her the first OHP report contained errors.

"He said that, well, from his source, it says that Darius caused the accident. I said, 'Well, I thought you didn’t hear anything about it. You didn’t know anything,’" said McCargo.

June 23: News On 6 contacts Muscogee Nation.

June 24: Muscogee Nation says it didn’t have the other driver, Jaymee Bullett, in its system.

OHP says it sent the case to the U.S. Attorney’s Office in May.

The U.S. Attorney’s Office says it will look into the case and get back to us.

June 25: The U.S. Attorney’s Office says it sent the case to the tribe but wouldn’t tell us when.

The Muscogee Nation said it had minimal information about the crash and was still waiting for the final report from troopers.

OHP said, "In response to the Creek Nation not having the full report. The full case file was completed and submitted to the U.S. Attorney’s Office. I wouldn’t be able to answer the communication between the US Attorney and the Muscogee Nation. However, I can say the Muscogee Nation has not reached out to the investigator for anything."

“It’s just like my son’s life didn’t matter. It wasn’t important to them, so they just put it aside. But being a mom, I’m not gonna stop. I want justice for my child,” said McCargo.

July 16: News On 6 obtained the final OHP report on the crash, including results from Service Oklahoma. It said Bullett was at fault.

July 28: The Muscogee Nation told News On 6 it filed charges against Bullett for negligent homicide.

News On 6 requested an on-camera interview but was declined. We then sent the tribe questions by email to get clarification about the process for filing charges in this specific case, but received no response.

July 29: The U.S. Attorney’s Office declined to comment.

August 11: OHP sent us a statement:

“This matter is best directed to the Creek Nation and the U.S. Attorney’s Office. While we acknowledge an error was made on the collision form, we do not believe it affected or delayed the prosecution of the case. The correction has been made. 

Regarding case timelines, these investigations take as long as necessary to ensure the most complete and accurate case possible. Our process includes multiple stages, which include but are not limited to on-scene investigation, witness interviews, collecting available video evidence, and retrieving and processing forensic data. Certain elements require coordination with other agencies, such as processing blood draws. Our troopers assigned to these investigations also manage multiple cases simultaneously, which can impact timelines.

Due to the seriousness of this case, it was submitted to the U.S. Attorney’s Office for review. That office determines whether to prosecute the case or refer it to the Creek Nation. We cannot speak to the specifics of how that determination is made.”

News On 6 called Jaymee Bullett for comment but has not received a response.

Jaymee Bullett is set for arraignment on September 10, five days before the second anniversary of the crash.